Since that is such a wide range of possible plans to cover, it is sometimes easier to define ERISA’s coverage by discussing which plans are not included under ERISA. Governmental and Church plans are not covered by ERISA. The governmental exception can include state run schools and insurance plans issued by municipal governments. The religious exception can also include religious schools, non-profit organizations, and sometimes hospitals. Another important exception from ERISA coverage is “Voluntary” insurance- meaning some ‘voluntary employee-pay-all’ type arrangements. This would be your employer allowing an insurance company to offer any interested employees a voluntary plan which they can purchase at full cost through pay-roll deductions. It is important that the employer not “endorse” these programs in order to qualify for the exceptions. There are other exceptions as well, including certain “payroll practices” exemptions and some tuition reimbursement plans.
Determining whether your plan is covered under ERISA is an incredibly important step in your claim process because it determines the rules the plan administrator must follow. If you are intending on claiming your benefits and need help determining the coverage of your plan or help with the process of receiving your benefits, please call an attorney at Bollwerk & Associates!