The Employment Retirement Income Security Act

Passed in 1974, the Employment Retirement Income Security Act (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industries. Basically, it provides protection for individuals in these plans.

What it Requires

The legislation requires that all plans provide participants with information regarding the plan, its features, and funding. It also requires that a plan provide fiduciary responsibilities for those who manage and control plan assets.

The plan must establish a grievance and appeals process for participants to get benefits from their plans. Participants must be given the right to sue for benefits and breaches of fiduciary duty. The inclusion of this particular provision is particularly important to your rights as an employee.

Amendments to ERISA

Since its passing, there have been several amendments to the ERISA legislation. These amendments expand the protection available to participants and beneficiaries of health benefit plans. The most important include:

  • Consolidated Omnibus Budget Reconciliation Act
  • Health Insurance Portability and Accountability Act
  • Newborns’ and Mothers’ Health Protection Act
  • Mental Health Parity Act
  • Women’s Health and Cancer Rights Act

What it Does Not Apply To

Group health plans established of maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment, or disability laws are not covered by ERISA.

Call an Indianapolis Social Security Lawyer

If you or a loved one is unable to work due to a disability, you may qualify for Social Security disability benefits. Contact the Indianapolis social security attorney of Hankey Law Office at (800) 520-3633.