Employee Retirement Income Security Act of 1974 (ERISA) | Practical Law
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Employee Retirement Income Security Act of 1974 (ERISA)
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Employee Retirement Income Security Act of 1974 (ERISA)
Practical Law Glossary Item 0-382-3434
(Approx. 4 pages)
Glossary
Employee Retirement Income Security Act of 1974 (ERISA)
A federal statute that regulates employer-sponsored
employee pension benefit plans
and
employee welfare benefit plans
by (among other provisions):
Setting minimum standards for participation, vesting, benefit accrual, and funding for retirement plans.
Imposing standards of conduct for plan fiduciaries (see
Practice Note, ERISA Fiduciary Duties: Overview
).
Requiring plans to regularly:
provide
participants
and
beneficiaries
information about the plan, including information about plan features, filing benefit claims, and funding (see
SPD Compliance Chart for ERISA Plans
and
Practice Note, Summaries of Benefits and Coverage Under the ACA
);
disclose certain information to the government (see
Practice Note, Form 5500 for Employee Benefit Plans: Overview
).
Permitting participants to sue for benefits and fiduciary duty violations (see
Practice Notes, ERISA Fiduciary Duties: Penalties for Breaching Fiduciary Duties
and
ERISA Litigation: Causes of Action Under ERISA Section 502
).
Guaranteeing payment of certain benefits through the
Pension Benefit Guaranty Corporation
(PBGC) if a
defined benefit plan
is terminated.
Responsibility for interpreting, implementing, and enforcing ERISA is divided among the
Department of Labor
, the
Internal Revenue Service
, and the PBGC.
Since its enactment in 1974, ERISA has been the subject of numerous statutory amendments, for example, under:
The
Affordable Care Act
(ACA).
The
Setting Every Community Up for Retirement Enhancement Act
(SECURE Act).
The
Consolidated Appropriations Act, 2021
(CAA-21).
For more information on ERISA, see:
Practice Note, Employee Benefits Law: Overview
Practice Note, Title I of the Employee Retirement Income Security Act (ERISA): Overview
ERISA Litigation Toolkit
Practice Note, ERISA Plan Asset Rules
Practice Note, Guide to ERISA Provisions in Credit and Financing Agreements