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Insurance policy depends on your age, health status, overall retirement goals, different from one company to the next.Introduction to Employee Retirement Income Security Act (ERISA) Part 1 of 4 by Gary Young
Hello, my name is Gary Young and I'm a partner here at Scarinci Hollenbeck with special emphasis in labor and employment law. You are watching part one of a series of videos where I explain and introduce to you the complicated but important world of The Employee Retirement Income Security Act otherwise known as ERISA.
If your company sponsors a benefit plan or is considering putting a benefit plan in place, you should at least have a working understanding of how ERISA may impact the benefit arrangements that you establish for your employees. The broad scope of ERISA's coverage has made this law the controlling legal framework for benefit plans of private employers in the US. Ignorance of ERISA can create significant legal risks to companies.
The Employee Retirement Income Security Act of 1974 ("ERISA"), is considered one of the most complex federal statutes ever enacted. Its impact on employee benefit plans (retirement and welfare plans) is so extensive that every sponsor of a plan needs to be fully aware of what ERISA is, whether an employer's plan is covered by the law, how ERISA works and why certain provisions exist.
ERISA is codified as part of Title 29 of the United States Code (many of the provisions that are found in Titles II and III also appear in the Internal Revenue Code).
ERISA enforces the legal requirements that apply to the formulation and administration of "employee benefit plans" which includes:
• "employee retirement plans" -
which mean any plan, fund, or program maintained by an employer or by an employee organization, which provides retirement income to employees; and
• "employee welfare benefit plans" -
which means any plan, fund, or program maintained by an employer or by an employee organization, or by both, which provides through the purchase of insurance or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or any other benefit other than pensions on retirement or death.
If an employer provides these types of benefits to its employees, it must comply with ERISA.
ERISA covers everything from required plan provisions to how plans must be administered.
Subtitle B (Regulatory Provisions) includes the following:
Title I -- Reporting and Disclosure;
Title II -- Participation and Vesting;
Title III -- Funding;
Title IV -- Fiduciary Responsibility;
and Part V -- Administration and Enforcement. Responsibility over these titles is divided between the U.S. Department of Labor and the IRS.
ERISA does the following:
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