Maine Model Statement of ERISA Rights

State:
Multi-State
Control #:
US-353EM
Format:
Word; 
Rich Text
Instant download

Description

This form is a model statement of ERISA rights which may be given to employees.
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  • Preview Model Statement of ERISA Rights
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FAQ

ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to

The plan document describes the plan's terms and conditions related to the operation and administration of the plan. It is required for each welfare benefit plan an employer maintains which is subject to ERISA, and it must be in writing.

ERISA requires a formal written plan document, a summary plan description (SPD), and a summary of benefits & coverage (SBC). Each of these requirements is discussed in more detail below. A formal plan document is required for every ERISA plan.

If an employer has wrapped its employee welfare benefit plans under one ERISA wrap document, the bundled or wrapped plan's name should be the plan name under which the Form 5500 is filed and should also be the plan name used in the plan documents.

Under ERISA, anyone who exercises discretionary authority over plan assets or plan management has a fiduciary duty toward the plan's participants. As a result, fiduciaries must run the plan solely for the benefit of its participants, and failure to do so is an ERISA violation.

ERISA requires a formal written plan document, a summary plan description (SPD), and a summary of benefits & coverage (SBC). Each of these requirements is discussed in more detail below. A formal plan document is required for every ERISA plan.

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

Examples of ERISA Health and Retirement PlansWelfare benefit plans, including medical, dental, life insurance, apprenticeship and training, scholarship funds, severance pay, and disability insurance. Pension plans, profit-sharing plans, stock bonus plans, money purchase plans, and 401(k) plans.

If it is an employer-employee plan, you next look to funding. If the plan is funded by contribution from the employer and employee, it is a self-funded ERISA plan and pre-empts state law. If the plan is funded by purchased insurance coverage, it is a fully insured ERISA plan and is subject to state law.

ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to

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Maine Model Statement of ERISA Rights