Who must comply with ERISA?
In general, ERISA applies to all private-sector employee welfare plans that: • Involve a plan, fund, or program established or maintained by an employer; and • Provide specific benefits to participants and beneficiaries including medical, surgical, hospital care, disability, sickness, accident, death, vacation, and day care centers. The plan may be self-funded or insured and must cover at least one employee. A plan covering only self-employed individuals or partners would not be subject to ERISA. The following are exempt from ERISA: governmental plans; church plans; plans maintained outside of the U.S. primarily for the benefit of nonresident aliens; and plans that were created solely to comply with state laws on disability, unemployment, or workers compensation.
