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Employee Retirement Income Security Act of 1974 (ERISA)

Definition

Federal  law that defines  standards by which welfare benefit plans and qualified plans  must operate.

For instance, if your employer maintains a qualified  plan, ERISA specifies when you must be allowed to become a participant, how long you have to work before you become vested, how long you can be away from your job before it might affect your benefits, and whether your spouse has a right to part of your pension in the event of your death. 

The following are just a few of the provisions of ERISA:

  1. Defines standards for the code of conduct for fiduciaries
  2. Requires that fiduciaries administer and manage their plans prudently and in the interest of the plan’s participants and beneficiaries.
  3. Requires plans to provide participants with information about the plan including important information about plan features and funding. 
  4. Gives participants the right to sue for benefits and breaches of fiduciary duty.
  5. Guarantees payment of certain benefits if a defined plan is terminated, through the Pension Benefit Guaranty Corporation

ERISA created IRAs

ERISA sometimes  incorporate areas of the Code & Treasury regulations

 

 

Referring Cite

ERISA law

Additional Helpful Information

The following are some subsections of ERISA. The detailed list is at Benefitslink.com

Section

Topic Addressed

ERISA 3

29 USC 1002

Definitions.

ERISA 4

29 USC 1003

Coverage.

ERISA 101

29 USC 1021

Duty of disclosure and reporting.

ERISA 102

29 USC 1022

Summary plan description.

ERISA 103

29 USC 1023

Annual reports.

ERISA 104

29 USC 1024

Filing and furnishing of information.

ERISA 105

29 USC 1025

Reporting of participant's benefit rights.

ERISA 106

29 USC 1026

Reports made public information.

ERISA 107

29 USC 1027

Retention of records.

ERISA 108

29 USC 1028

Reliance on administrative interpretations.

ERISA 109

29 USC 1029

Forms.

ERISA 110

29 USC 1030

Alternative methods of compliance.

ERISA 111

29 USC 1031

Repeal and effective date.

ERISA 201

29 USC 1051

Coverage.

ERISA 202

29 USC 1052

Minimum participation standards.

ERISA 203

29 USC 1053

Minimum vesting standards.

ERISA 204

29 USC 1054

Benefit accrual requirements.

ERISA 205

29 USC 1055

Requirement of joint and survivor annuity and preretirement survivor annuity.

ERISA 206

29 USC 1056

Form and payment of benefits.

 

 

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