ERISA or Not ERISA?
In most cases, claims for employee benefits are governed by ERISA, the Employee Retirement Income Security Act of 1974. This includes most claims for:
Short Term Disability, Long Term Disability, Medical and Dental Claims, and Retirement and fringe benefits
Although ERISA provides protection to people who work for most types of employers, there are exceptions, including:
- Most governmental employers and government entities, including the Federal, State and local government.
- Churches, synagogues, mosques, and temples.
- Benefit plans that are maintained only for purposes of complying with workers’ compensation, disability or unemployment laws.
- Plans that are maintained outside of the United States and that are intended primarily to benefit non-resident aliens.
Whether the claim is under ERISA, or not, will be very important to deciding how to best handle your claim. You should speak with an experienced ERISA lawyer as soon as possible to protect your rights!