New York Model Statement of ERISA Rights

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Multi-State
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US-353EM
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This form is a model statement of ERISA rights which may be given to employees.
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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

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

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.

A wrap document is a drafting device used to supplement already-existing documentation. More specifically, a wrap document provides the information required by ERISA by incorporating (or wrapping itself around) the insurance policy or similar third-party contract.

Accounts Covered by ERISA ERISA can cover both defined-benefit and defined-contribution plans offered by employers. Common types of employer-sponsored retirement accounts that fall under ERISA include 401(k) plans, pensions, deferred-compensation plans, and profit-sharing plans.

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.

ERISA prohibits fiduciaries from misusing funds and also sets minimum standards for participation, vesting, benefit accrual, and funding of retirement plans. It also grants retirement plan participants the right to sue for benefits and breaches of fiduciary duty.

What are the benefits of a wrap document? Having a wrap document helps employers minimize the risk of lawsuits and financial penalties, and keeps them compliant with demanding ERISA, Internal Revenue Code, and COBRA noncompliance laws. These documents also help save time and money.

The Wrap SPD requirement applies to all employer sponsored group health insurance offerings, including a one-person plan. For large employers (100+) subject to Form 5500 reporting, Wrap SPDs are largely a necessity.

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.

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New York Model Statement of ERISA Rights