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Understanding Which Benefit Plans Are Subject To ERISA

January 4, 2017

The question of whether employment benefits are subject to ERISA can be complicated and is regularly the subject of court litigation.  Here are some general principals.  The Employee Retirement Income Security Act (“ERISA”) covers most employer provided pension and health and welfare benefit plans such as:

  • Long-term disability
  • Short-term disability
  • Life insurance
  • Health insurance
  • Long-term health care policies

ERISA typically does not apply to government or church sponsored plans.

If your benefits are covered by ERISA, there are rules such as information disclosure requirements and deadlines that you and your employer must follow.  Your failure to follow these rules may result in the denial of your benefits.  If your employer or the insurance company it contracted with to provide you benefits fails to follow the rules, you may have the right to appeal or to sue your employer in court.

If your benefits have been wrongfully denied, contact Chisholm Chisholm & Kilpatrick.  We will work diligently to see that clients receive the benefits they are owed.

Call us now at 401-331-6300 or contact us online.