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The main difference between ERISA 3(21) and ERISA 3(38) lies in the level of fiduciary responsibility. ERISA 3(21) defines a fiduciary who provides investment advice but does not have full discretion over plan assets. In contrast, ERISA 3(38) designates a fiduciary with full discretion to manage plan investments. This distinction is crucial when considering the protection offered by the South Dakota Model Statement of ERISA Rights.
Health Savings Accounts (HSAs) can be subject to ERISA if they are employer-sponsored and part of a group health plan. This means that understanding your rights under this framework is essential. You can find valuable insights about this in the South Dakota Model Statement of ERISA Rights, which helps you navigate your entitlements and compliance.
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 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.
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 only applies to private companies, so benefits offered by public employers at all levelslocal, state, and federalare exempt from these regulations.
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
In general, ERISA does not cover group health 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.
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.
2 ERISA does not apply to plans administered by federal, state, or local governments. It does not apply to plans established solely to meet state workers' compensation, unemployment compensation, or disability insurance laws.