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Virtually all private-sector employers offer nonpension benefit arrangements to their employees. Many, if not most, of these fringe benefits are welfare benefit plans subject to the Employee Retirement Income Security Act (Erisa). Erisa is a com-prehensive federal legislation that has been amended on several occasions since its enactment in 1974.
Employers commonly make a number of Erisa compliance mistakes, .some due to the complexity of the law, but others due to the lack of knowledge as to their duty under Erisa when it comes to welfare benefit plans. Employers tend to be aware of their Erisa duties and obligations regarding
retirement plans but not their welfare benefit plans.
Pursuant to Erisa, welfare benefit plans are plans funds or programs established or main-tained by an employer for the purpose of pro-viding "medical, surgical, or hospital care or benefits, or benefits in the event of sickness,accident, disability, death or unemployment or vacation benefits, apprenticeship or other training programs, or daycare centers, schol-arship funds or prepaid legal services..."Specifically, a plan is covered under Erisa if it identifies the intended benefits, the intended beneficiaries and the source of financing and it establishes a procedure for obtaining said benefits. Although employers are not obliged to provide certain fringe benefits to their employees, once they decide to sponsor these benefits they need to comply with Erisa, among other statutes, such as the Consolidated Omnibus Budget Reconciliation Act (Cobra), and the Health Insurance Portability and Accountability Act (Hipaa). to name a few.
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