Which plans are subject to ERISA's reporting rules?

Welfare benefit plans that are subject to Title I of ERISA are covered under ERISA's reporting rules. Except for certain small unfunded or insured plans (which are exempt from certain reporting requirements), the rules generally are the same as for determining whether a plan or practice amounts to an ERISA plan. A limited exemption from some of the financial reporting requirements applies for larger unfunded or insured plans.

Plans exempt from reporting. Government, certain church plans and state-mandated plans (those maintained to comply with workers' compensation, unemployment compensation or state disability insurance) are exempt from ERISA's reporting requirements. Also exempt are top-hat welfare benefit plans (unfunded or insured plans that provide benefits only to a select group of management or highly compensated employees) and welfare benefit plans maintained outside of the United States most of the participants are nonresident aliens.

Also, certain employer payroll or workplace practices also do not come within the ERISA reporting rules.

Reprinted with permission. © CCH

 Which plans are subject to ERISA's reporting rules? Welfare benefit plans that are subject to Title I of ERISA are covered under ERISA's reporting rules.