Employee Retirement Income Security Act (ERISA) is a federal law, which is comprised of other laws that cover almost all of the benefit plans in private sectors. The various benefits plans covered by ERISA are maintained and established by an employee organization, employers, or the merging of both employers and employee organizations.
Two of the employee benefit plans that are covered by ERISA are pension plans and welfare plans.
Pension Plans
Pension plans is a type of employee plan which is maintained and established to deter income or to give retirement income unit the period when the covered employment is terminated.
It does not oblige employers to set up a pension plan but it obliges those who establish such a plan to meet the minimum standards given
In addition, ERISA is responsible for the following tasks including:
Setting minimum standards for vesting, participation, benefit accumulation and funding. The law identifies the period of time a person may be obliged to work before they become eligible to partake in a plan, to gather benefits, and to acquire a non-forfeitable right for the benefits that they will receive. In addition, the law provides the funding rules that oblige plan sponsors to give sufficient funding for the plan.
Provide plan participants their right in suing for benefits as well as breaches of fiduciary duty.
Obliges plans to give its participants information with regard to the plan, which includes vital information about the plans funding and features. The plan must also provide some information automatically and regularly.
Welfare Plans
The welfare plans under the ERISA are maintained and established and governed by the Social Security to give employees two important benefits like disability and health benefits.
Disability Benefits- Disability benefits are given to people who are incapable of working due to a condition that they have that is estimated to last at least a year or even result to the persons death. Social Security does not give disability benefits to people who only have partial disabilities unlike some programs.
Aside from the person who is disabled, his/her specific family members may also acquire the benefit.
Health Benefits- When ERISA was amended to widen the protection that it offers when it comes to health plan beneficiaries and participants, the Consolidated Omnibus Reconciliation Act (COBRA) and the Health Insurance Portability and Accountability Act (HIPPA).
COBRA gives workers as well as their families the right to prolong their health coverage for a definite limited time after certain events take place, like losing their job.
Meanwhile, HIPPA gives vital new protection for Americans who are working, as well as their families who have pre-existing medical conditions or might experience discrimination in health coverage because of the factors related to their health.
Aside from the disability and health benefits, there are other important benefits that are covered by ERISA. These benefits include:
death benefits
vacation benefits
scholarship funds
training and apprenticeship benefits
prepaid legal services
day care centers
Importance of ERISA Law for Employees
Through the ERISA law and other related statutes, employees are ensured that they will have financial help and assistance when different events like becoming disable, acquiring a medical condition, among others, take place in their lives. ERISA law continuously lessen the burden from the employees when they are trying to surpass a certain moment is their lives.
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