by Thomas D. Begley, Jr., CELA<\/p>\n
Generally, employer-sponsored benefits plans are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.[1]<\/a> However, certain employers and their benefits plans are not subject to ERISA. These include governmental plans;[2]<\/a> church plans;[3]<\/a> plans maintained solely for the purpose of complying with applicable Workmen\u2019s Compensation, unemployment compensation, or disability insurance laws;[4]<\/a> a plan maintained outside of the United States primarily for the benefit of persons who are virtually all non-resident aliens;[5]<\/a> or an excess benefit plan.[6]<\/a> ERISA preempts state law that \u201crelates to\u201d an ERISA-governed plan;[7]<\/a> however, ERISA does not exempt or relieve any person from complying with any law of any state that regulates insurance, banking, or securities.[8]<\/a> Neither an employee benefit plan nor any trust established under such a plan shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company.[9]<\/a><\/p>\n