1974 (ERISA) is a
federal law that sets minimum standards for most voluntarily established
pension
and health plans in private industry to provide protection for individuals in
these plans.
ERISA requires plans to provide participants with plan
information including important information about plan features and funding;
provides fiduciary
responsibilities for those who manage and control plan assets; requires
plans to establish a grievance and appeals process for participants to get
benefits from their plans; and gives participants the right to sue for benefits
and breaches of fiduciary duty.
There have been a number of amendments to ERISA, expanding the
protections available to health benefit plan participants and beneficiaries. One
important amendment, the Consolidated Omnibus Budget
Reconciliation Act (COBRA), provides some workers and their families with
the right to continue their health coverage for a limited time after certain
events, such as the loss of a job. Another amendment to ERISA is the Health
Insurance Portability and Accountability Act (HIPAA) which provides
important new protections for working Americans and their families who have
preexisting medical conditions or might otherwise suffer discrimination in
health coverage based on factors that relate to an individual's health. Other
important amendments include the
Newborns' and Mothers' Health Protection Act,
the Mental Health Parity Act, and the
Women's Health and Cancer Rights Act
1988. Q & A
(scroll thru the document)
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. ERISA also does not cover plans maintained
outside the United States primarily for the benefit of nonresident aliens or
unfunded excess benefit plans. Department of Labor's Web Site
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Employee Retirement Income Security Act of 1974 (ERISA) - ERISA is
a federal law that regulates employee benefit plans, such as
group
health plans, that private sector employers,
employee organizations (such as a union), or both, offer to employees
and their families.
ERISA Enforcement Statistics, Civil & Criminal DOL Site
See the
FULL
code on Cornell University's Site
Definitions Section 1002 Cornell Site
Section 1003. What employers are covered by ERISA (Click here as some of the links below don't
work) 2005-09-29
(a) In general
Except as provided in subsection (b) or (c) of this
section and in sections
1051,
1081,
and
1101
of this title, this subchapter shall apply to any
employee benefit plan (Code)
DOL
Explanation if it is established or maintained—
(1) by any employer
engaged in commerce or in any industry or activity affecting commerce; or
(2) by any employee
organization or organizations representing employees engaged in commerce or
in any industry or activity affecting commerce; or
(3) by both.
(b) Exceptions for certain plans
The provisions of this subchapter shall not apply to any
employee benefit plan if—
(1) such plan is a
governmental plan (as defined in section
1002
(32)
of this title);
(2) such plan is a
church plan (as defined in section
1002
(33)
of this title) with respect to which no election has been made under section
410
(d)
of title
26;
(3) such plan is
maintained solely for the purpose of complying with applicable
workmen’s compensation laws or
unemployment compensation or disability insurance
laws;
(4) such plan is
maintained outside of the United States primarily for the benefit of persons
substantially all of whom are nonresident aliens; or
(5) such plan is an
excess benefit plan (as defined in section
1002
(36)
of this title) and is unfunded.
The provisions of part 7 of subtitle B of this subchapter
shall not apply to a health insurance issuer (as defined in section
1191b
(b)(2)
of this title) solely by reason of health insurance coverage (as defined in
section
1191b
(b)(1)
of this title) provided by such issuer in connection with a group health
plan (as defined in section
1191b
(a)(1)
of this title) if the provisions of this subchapter do not apply to such
group health plan.
United States Code
TITLE 29 - LABOR
CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
Subchapter I. Protection Of Employee Benefit Rights
Section 1002. Definitions
Section 1003. Coverage
Subchapter II. Jurisdiction, Administration, Enforcement; Joint
Pension Task Force, Etc.
Subchapter III. Plan Termination Insurance
Chapter Notes