Employee Retirement Income Security Program

The Employee Retirement Income Security Program, despite its name, covers more than just retirement.

Key points for employees:

• ERISA covers retirement plans (e.g., 401(k)) and certain other benefit programs (such as medical).

• Plan administrators have a duty to provide certain documents, including a summary plan description. The most important documents must be specifically requested by the participant or beneficiary.

• Plans must have a reasonable claims procedure and an appeal procedure that affords a "full and fair review".

• Group health plans are prohibited from forcing participants to arbitrate their group health plan benefits in lieu of going to court.

• Attorneys fees are available to successful claimants who win after going to court to get their benefits.

• Courts may give [[deference]] to the original administrative decision if specified by the plan and the claims/appeals were decided fairly and reasonably; otherwise, the court will decide the issue [[de novo]].

• [[go]] https://www.law.cornell.edu/uscode/text/29/chapter-18

• https://www.law.cornell.edu/cfr/text/29/2560.503-1