For guidance on what may cause a 403(b) plan to be subject to ERISA, please consult the Department of Labor's rules. ERISA does not require any employer to establish a retirement plan.It only requires that those who establish plans must meet certain minimum standards. Complete the Enrollment Form. The chief advantage of avoiding ERISA is that the employer need not comply with ERISA's reporting and disclosure requirements. This guide delves into the intricacies of 403(b) compliance testing, shedding light on the required tests and rules that govern these retirement plans. These rules are separate from any requirements under. This is where it gets the name "15year rule. Year hold-out" rule under ERISA §202(b)(3). Because 403(b) withdrawal rules are complex, please read Instructions and Special Tax Notice Regarding TSA.