ERISA, the abbreviation for the Employee Retirement Income Security Act, was passed in 1974. It was implemented to safeguard workers who rely on the pensions or retirement benefits that their company has assured them of receiving.
The Pension Benefit Guaranty Company will compensate employees should something go wrong and they fail to get the pension or other benefits they were promised.
Please contact with Kenton Koszdin Law Office, if you want to file for ERISA in Los Angles.
What Benefit Plans Are Covered by ERISA?
ERISA is a law that covers more than simply pensions. It includes every benefit offered as a component of an employer’s retirement plan. There could be much more in there than just a pension payment, yes.
The following benefit schemes are covered by ERISA:
- Pensions, also known as defined-benefit and defined-contribution retirement funds.
- Plans under Section 419(e) Welfare Benefits, such as Section 419(a)(f)(6) plans.
- Insurance plans, such as group and HMO policies that cover health and medical expenses.
- Pre-tax donations that are used to support health savings accounts (HRAs).
- Plans for dental insurance.
- FSAs, or flexible spending accounts.
- Drug prescription plans.
- Insurance against disability.
- Plans with a vision.
- Plans for long-term care insurance.
- Unemployment compensation.
- Travel insurance for business.
- Scholarship plans.
- Training plans
- Housing assistance plans.
- Pre-paid legal service plans.
- Vacation plans
Benefits Exempt from ERISA
While we have examined the different benefits that fall under ERISA’s purview, it is important to note that some benefits are not included. These exclusions mostly apply to programs for medical leave, short-term disability, and sick pay.
If any of the following apply:
- There were no employee contributions;
- The payments were made as part of the payroll procedure, then these would not be covered by ERISA.
- The payments were made to specific employees;
- The money comes from the employer, not an account that has already been funded or an insurance policy.
If you’re unsure whether or not ERISA should apply to your benefits, speak with an attorney for evaluation and explanation.
What an ERISA Lawyer Does
There can be rules and legislation in place that employers must abide by regarding your benefits. However, this does not necessarily imply that they are carried out. Perhaps your employer made an honest error. Maybe that was a mistake. Or perhaps your employer engages in questionable behavior. Whatever the reason, there are times when an ERISA attorney los angeles is required to intervene to ensure that ERISA protections are in place and being adhered to.
- Benefits were lost as a result of employer malpractice, including careless investing.
- False statements about pension benefits.
- Wrongful termination to avoid having to provide you the money you are due.
- A failure by the person or persons in charge of the retirement or benefit plan to uphold their fiduciary duties.
