The Basics of ERISA According to the U.S. Department of Labor

Many people who contact us have never heard the term “ERISA” and do not know how it applies to them.  Many lawyers who have been practicing for years may not know much or anything about ERISA.  In order to make a claim under your long term disability plan pursuant to ERISA, you need a lawyer who is familiar with this area of the law and is able to maximize the benefit you receive.  That is why we are here — call us!

ERISA is a complex law.  The Attorneys at Cody Allison & Associates, PLLC provide experienced representation related to enforcement of ERISA rights.  If you need assistance in learning more about your rights as they pertain to a claim which is governed by ERISA, please call my office office at (615) 234-6000.  You can also e-mail us at  cody@codyallison.com.  We handle cases in many states and would be happy to spend time with you to discuss your claim.  Below is an outline of ERISA as stated on the website for the U.S. Department of Labor.

Question: What is ERISA?

ERISA is a federal law that sets minimum standards for pension plans in private industry.  For example, if an employer maintains a pension plan, ERISA specifies when an employee must be allowed to become a participant, how long they have to work before they have a nonforfeitable interest in their pension, how long a participant can be away from their job before it might affect their benefit, and whether their spouse has a right to part of their pension in the event of their death.  Most of the provisions of ERISA are effective for plan years beginning on or after January 1, 1975.
ERISA does not require any employer to establish a pension plan.  It only requires that those who establish plans must meet certain minimum standards.  The law generally does not specify how much money a participant must be paid as a benefit.

ERISA does the following:

• Requires plans to provide participants with information about the plan including important information about plan features and funding.  The plan must furnish some information regularly and automatically.  Some is available free of charge, some is not.
• Sets minimum standards for participation, vesting, benefit accrual and funding.  The law defines how long a person may be required to work before becoming eligible to participate in a plan, to accumulate benefits, and to have a nonforfeitable right to those benefits.  The law also establishes detailed funding rules that require plan sponsors to provide adequate funding for your plan.
• Requires accountability of plan fiduciaries.  ERISA generally defines a fiduciary as anyone who exercises discretionary authority or control over a plan’s management or assets, including anyone who provides investment advice to the plan.  Fiduciaries who do not follow the principles of conduct may be held responsible for restoring losses to the plan.
• Gives participants the right to sue for benefits and breaches of fiduciary duty.
• Guarantees payment of certain benefits if a defined plan is terminated, through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation.