The Employee Retirement Insurance Security Act, or ERISA, is a federally protected program that ensures employers properly provide and disperse qualified retirement deferment plans. In California, employers provide ERISA information through their human resources department or employee benefits handbooks. Information may be available online or in hard copy. If your employer fails to administer the plan properly, you can file a complaint.
ERISA complaints and where to file them
ERISA complaints are often filed when long-term disability benefits are denied. If you have a different complaint, the procedure is primarily the same. Your employer’s human resources department or plan administrator will provide information on how to file a complaint.
Filing your claim would be based on its type, such as long-term disability denial, urgent medical or ongoing health care issues. Your employer is responsible for the administration of plan benefits and for notifying employees of any changes. You must understand what your plan covers to ensure the validity of your complaint.
ERISA law regarding employers
ERISA law is complex and includes a lot of regulations that employers must follow. Many employers will hire third-party administrators to help them remain compliant and up to date on requirements. The program is there to provide future income for employees. The laws insist that employers properly maintain these funds as their fiducial responsibility. If employers are found non-compliant, they can face stiff fines.
Employers have specific compliance tasks, such as notifying beneficiaries of any changes 90 days in advance, ensuring that all eligible employees can enroll in the plan, maintaining adherence to the plan documents and much more. Staying current with your plan benefits helps ensure that your employer remains compliant.
