When Does Erisa Apply To Health Insurance?

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   Pete Wittman

   President, The Wittman Group, Tennessee

   ERISA applies to employee welfare benefit plans that are established or maintained by an employer for the purpose  of providing its participants (& beneficiaries - eg dependents) benefits through the purchase of insurance or other benefit plans (eg disability, accident, sickness, vacation benefits, day care, scholarship funds, etc).  There are some plans that are exempt from ERISA.  These would be government plans, church plans (unless elected), plans specifically to comply with work comp, unemployment or disability laws, and voluntary plans.

   Answered on April 21, 2014

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