403(b) Plans: What is an “ERISA” plan and does it apply to my plan?

ERISA stands for The Employee Retirement Income Security Act of 1974.

Certain types of plans are not subject to ERISA by statute. Governmental plans and some church or qualified church controlled organizations are nonERISA. Public school districts are considered government employers and are not subject to ERISA.

Non-Profit organizations are subject to ERISA if they are funded with employer contributions or if they have a significant level of employer involvement and administration.

ERISA plans must satisfy additional regulations established by the Act in addition to the requirements a governmental or non-ERISA plan must comply with. Examples of some of the additional requirements are enhanced fiduciary rules, disclosures, discrimination testing and government reporting requirements. Plans subject to ERISA are therefore more complicated to administer than non ERISA plans.

Recent Posts