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Health Savings Accounts (HSAs) are generally not subject to ERISA unless they are offered through an employer’s benefit plan. If your HSA is established independently, it typically falls outside ERISA's scope. However, employers that sponsor HSAs as part of a benefit plan must comply with ERISA regulations. Understanding your rights under the Nevada Model Statement of ERISA Rights can help you navigate this topic.
IRS language refers to a "basic plan document when describing the part of the document that contains the non-optional required provisions of the Employee Retirement Income Security Act and the Internal Revenue Code. Please refer to this document when interpreting your adoption agreement provisions.
Written Plan Document.An employee welfare benefit plan under ERISA must have a written plan document containing all of the terms governing the plan. A written contract of insurance with an insurance company does not normally contain all of the rules required by ERISA and is therefore not a plan document.
Understanding the Summary Plan Description When you are first hired, you should receive an SPD covering your new employer's health care and retirement benefits within 90 days. The company may distribute the document to you electronically if you regularly use a computer at work or as a hard copy.
What Does ERISA Cover? Plans that are covered under ERISA include employer-sponsored retirement plans, such as 401(k)s, pensions, deferred compensation plans, and profit-sharing plans. ERISA also covers certain non-retirement plans like HMOs, FSAs, disability insurance, and life insurance.
The summary plan description (SPD) is simply a summary of the plan document required to be written in such a way that the participants of the benefits plan can easily understand it. Unlike the plan document, the SPD is required to be distributed to plan participants.
The summary plan description is an important document that tells participants what the plan provides and how it operates. It provides information on when an employee can begin to participate in the plan and how to file a claim for benefits.
The Employee Retirement Income Security Act (ERISA) requires plan administrators to give to participants and beneficiaries a Summary Plan Description (SPD) describing their rights, benefits, and responsibilities under the plan in understandable language. The SPD includes such information as: Name and type of plan.
A Summary Plan Description (SPD) is a document that employers must give free to employees who participate in Employee Retirement Income Security Act-covered retirement plans or health benefit plans. The SPD is a detailed guide to the benefits the program provides and how the plan works.
The plan document should contain:Name of the plan administrator. Designation of any named fiduciaries other than the plan administrator under the claims procedure for deciding benefit appeals. A description of the benefits provided. The standard of review for benefit decisions.