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What is ERISA? Defined by an Augusta ERISA Disability Attorney

In this article, our Augusta ERISA disability attorney explains the expansion of the 1974 Employee Retirement Income Security Act.

Employee health and welfare is an important concern for all companies. However, prior to 1974, organizations often made questionable decisions with voluntary plans for their staff. With the Employee Retirement Income Security Act of 1974 (ERISA), the federal government established minimum requirements for all retirement, health, and welfare plans provided by private companies. Although many of the benefit plans covered by ERISA are provided on a voluntary basis by employers, an Augusta ERISA disability attorney stresses that if the benefit plans are offered, they must comply with the law.

About The Law Defined by our Augusta ERISA Disability Attorney

The main goal of ERISA is to protect plan participants. ERISA is a complex law that “sets minimum standards for pension and health plans in private industry,” according to the U.S. Department of Labor. It offers guidance for the following types of voluntary benefit plans:

Although there are many different kinds of benefit plans, ERISA sets out general requirements that apply to everyone who participates in a private company’s retirement, health, or wellness plans.

In general, it specifies the following:

Must All Employers Comply With ERISA?

ERISA applies to the retirement, health, and welfare plans of private employers and unions that were established after January 1, 1975. All plans developed prior to January 1, 1975, are independent of ERISA, although they must still comply with some federal laws.

If a private industry employer or union does establish a retirement, health, or welfare plan, it must comply with ERISA. However, ERISA does not apply to local, state, and federal government employee benefit plans. It also does not apply to the benefit plans of public school teachers or administrators. In general, church and other religious organization benefit plans are also exempt from ERISA.

What Does ERISA Do?

ERISA is a complex law that seeks to protect the participant. It does several things that can be applied across the board to all private employers with benefit plans and their participants.

ERISA covers all benefit plans differently. For example, it sets out detailed specific requirements for retirement plans, but more general minimum conditions for disability or life insurance plans.

It is important to keep in mind that the requirements of ERISA are only a minimum. Your plan may offer more generous benefits depending on your employer’s requirements. In order to find out the legal details of your plans, contact your human resources manager.

Amendments To ERISA

ERISA began as an Act that focused on retirement benefits; however, several amendments have expanded its reach.

Understanding your ERISA plans could be difficult. Our Augusta ERISA disability attorney is available to assist you with questions you may have regarding your ERISA disability plan.