ERISA (Employee Retirement Income Security Act (29 U.S.C. §1001)

• ERISA applies to any employer involved in interstate commerce that has a welfare benefit plan or a pension plan.

• "Welfare benefit plan" is defined to mean any plan, fund or program for the purpose of providing through the purchase of insurance or otherwise:
  
  • medical, surgical, or hospital care or benefits;
  • benefits in the event of sickness, accident, disability or death;
  • unemployment benefits;
  • vacation benefits;
  • apprenticeship or other training programs;
  • day care centers;
  • scholarship funds; and
  • prepaid legal services.
    
• Section 1140 of ERISA prohibits any person from discriminating against a participant or beneficiary for exercising any right under the provisions of an employee benefit plan or employee retirement plan or terminating anyone in order to deny them benefits under such plans.
  
• Participating employees and covered beneficiaries are entitled to certain information with regard to welfare plans as well as pension plans. Participants and beneficiaries receiving benefits at certain intervals:
  
  • are entitled to a summary plan description:
  • are entitled to a summary of any changes;
  • are entitled to summary of the annual report;
  • are entitled to a statement of the vested benefits; and
• are entitled to a statement of total benefits accrued and the pension benefits vested.

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