ERISA–Employee Retirement Income Security Act o 1974


ERISA (every ridiculous idea since Adam) sets minimum standards for most voluntarily established pension and health plans (self insured) in private industry to provide protection for employees and their dependents.

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.

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)  *

ERISA Enhancements

USC (United States Code)
Chapter 18 ERISA

  • preexisting condition exclusions
  • health status
  • mothers and newborns
  •  Parity in mental health and substance use disorder benefits
  • § Coverage of dependent students on medically necessary leave of absence
    group health plans

Cross Reference USC vs. ERISA

ERISA Enforcement, Civil & Criminal  DOL Site

TITLE 29 – LABOR (Findlaw)

Sec. 1182 ERISA . – a group health plan, and a health insurance issuer offering group health insurance coverage in  connection with a group health plan, may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the following health status-related factors

Sec. 1182(b) (1) In general A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individuals see also AB 1672

Multiple Employer Welfare Arrangements under the
Employee Retirement Income Security Act (ERISA):
A Guide to Federal and State Regulation

MEWA Guide -

One comment on “ERISA Employee Retirement Income Security Act — 1974

  1. What’s this about ERISA self funded groups not having to comply with CA State Law or the Department of Insurance?

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