What is the Employee Retirement Income Security Act?

The Employee Retirement Income Security Act (ERISA) is a federal law that sets standards for employer-sponsored retirement and health plans. This law was passed in 1974 and its purpose is to protect individuals who participate in retirement and health plans that are sponsored by an employer or union. In Nevada, ERISA applies to all employers, regardless of size, including governmental employers. Under ERISA, employers must provide certain rights and protections to employees who participate in their retirement and health plans. These rights and protections include: 1. A “Summary Plan Description” which contains information about how the plan works and outlines the rights and benefits of each employee 2. A fiduciary duty, which means that employers must act in the best interest of their employees by managing the plan’s assets responsibly and incorporating ethical practices into their decision making 3. A complaint and appeal process in which employees can file a claim if they disagree with a decision made by the employer or plan administrator 4. Protection from forfeiting retirement benefits in certain circumstances ERISA also requires employers to file a document called a Form 5500 with the U.S. Department of Labor every year. This document contains information about the plan, such as who is covered, the total number of participants, and the total amount of money that is being contributed to the plan. By following the requirements of ERISA, employers can ensure that their employees’ retirement and health plans are properly managed and their employees are provided with the proper rights and protections.

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