The Employee Retirement Income Security Act of 1974 (ERISA) has extensive reporting and disclosure requirements for pension, profit-sharing, stock bonus plans, and most “welfare plans” (i.e., health care, life insurance, prepaid legal services, disability insurance). Forms and documents may have to be filed with the Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), and the Pension Benefit Guarantee Corporation (PBGC). Others go directly to plan participants. (A chart at the end of this section summarizes the most important reports.)
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FLSA Coverage, Salary Level, and Deductions from Pay. Download Now In general, ERISA “preempts” (i.e., overrides) state law. However, there are a few exceptions to this rule. ERISA does not supersede state insurance laws, so group health and life insurance plans are subject to state insurance mandates. Self-insured plans are exempt from state regulation.
DOL is authorized to grant partial and complete exemptions from ERISA's reporting and disclosure requirements. For example, welfare plans with fewer than 100 participants that are unfunded (paid out of general company funds and not a separate trust fund) or paid through insurance contracts are exempted from most filing and reporting requirements (but not the Summary Plan Description (SPD) requirement). Unfunded or insured welfare and pension plans that are established to provide benefits for a select group of highly paid or management employees are exempt from ERISA's reporting and disclosure requirements if an initial notification is filed with DOL. There are additional exemptions for apprenticeship and training programs, daycare centers, and unfunded dues-financed plans maintained by employee organizations. Government and church plans, plans ...