It acts as a safety net to insure defined plans across the private sector, ensuring that participants still receive their promised benefits. Understanding ERISA law and its origins is crucial to appreciate the protections it offers to employees participating in employer-sponsored plans in the private industry.
Generally, each person must be bonded in an amount equal to at least 10% of the amount of funds he or she handled in the preceding year.
ERISA applies to private-sector companies that offer pension plans to employees. This includes businesses that: Are structured as partnerships, proprietorships, LLCs, S-corporations, and C-corporations. No matter how your employer has structured his or her business, it is covered by ERISA if it is a private entity.
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ERISA's requirements are similarly applied to both small employers and large employers alike. For example, an employer group with two employees or 200 employees will both be required to fulfill the disclosure and fiduciary requirements of ERISA.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
Employers offering an employee welfare benefit plan, such as health insurance or a retirement plan, are subject to the provisions of the the Employee Retirement Income Security Act (ERISA).