What Plans Are Not Covered by ERISA?

The following employee plans are not subject to ERISA regulations:

• Workers’ Compensation Benefits
• Unemployment
• Social Security Disability Benefits
• Government Employee Plans
• Church/Religious Employee Plans
• Small Insurance Plans
• Plans of Indian Tribal Governments
• Insurance Plans Outside of the U.S.
• Unfunded Excess Benefit Plans

As a general rule, ERISA does apply to exempt employers and exempt plans.

• Exempt employers include government employers and religious employers. For government employers, their plans tend to be subject to other federal laws or state laws. For religious employers, federal ERISA laws do not apply, which is one way that the church and state are kept separate.
• Exempt plans include any plans that you do not have through your employer. This applies to any insurance you paid for yourself out of your own pocket (i.e., not through payroll deductions) as well as plans subject to other laws, such as workers’ comp and certain kinds of disability coverage.

Learn more about plans that are not subject to ERISA regulations.