What is ERISA?

The Employee Retirement Income Security Act, known as ERISA, covers far more than retirement, unlike its name might imply. It is a comprehensive federal law enacted by Congress in 1974 and amended several times since to regulate group sponsored benefits called “employee benefit plans.”

For most plans, ERISA requires full disclosure to covered individuals (employees and beneficiaries). Meanwhile, for many plans, ERISA additionally requires detailed and timely reporting to the government. Further, the law imposes a strict fiduciary code of conduct on many of those who sponsor and administer ERISA plans. Failure to comply with ERISA can result in costly Department of Labor enforcement actions and penalty assessments, as well as employee lawsuits.

Most employers fail to realize the power of ERISA. This complex law guarantees employees and their benefit carries the right to initiate civil and criminal actions in federal court when such actions seek to enforce the requirements of ERISA and/or the terms of a health and welfare plan. Failure to comply with ERISA can be costly to an employer, with daily and cumulative penalties possible.

Who Must Comply with ERISA?

Any business that offers one or more employee health and welfare benefit plans, which may include the following: