ERISA Plan Compliance: Determining Applicability and Exemptions

This compliance overview examines the Employee Retirement Income Security Act of 1974 (ERISA), a federal law establishing minimum standards for employee benefit plans in the private sector. It clarifies which employers and welfare benefit plans are subject to ERISA, noting that private-sector employers of all sizes are generally covered, while governmental and church employers are exempt. The document also details specific types of welfare benefits that fall under ERISA, whether insured or self-funded, such as medical, dental, and life insurance. Furthermore, it outlines key exemptions from ERISA, including certain payroll practices and voluntary plans, with strict criteria for qualifying for these safe harbors. The text emphasizes the serious consequences of non-compliance and the protections afforded to employers under ERISA for covered plans.

We’re at a Turning Point—And Your Voice Matters More Than Ever

Right now, Congress is considering the Healthcare Affordability Act (H.R. 247 / S. 46)—a crucial piece of legislation that would permanently extend the enhanced ACA premium tax credits. These credits, which have helped millions of Americans afford health coverage since 2021, are set to expire at the end of 2025.

Without this bill, the consequences will be immediate and devastating—for your clients, your business, and the stability of the entire individual health insurance market.

If these enhanced credits disappear:

• Premiums will skyrocket for millions.
• Many people will lose coverage altogether.
• Clients you’ve helped find affordable plans could be priced out overnight.
• Your ability to serve them—and stay competitive—will be seriously impacted.

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