What Benefits Might be Governed by ERISA?

January 14, 2020 | J. Price McNamara
What Benefits Might be Governed by ERISA? If you receive benefits through a plan that is sponsored by your employer, it is very likely that the Employee Retirement Income Security Act, otherwise known as ERISA, governs the plan. The theoretical purpose of the ERISA statute, which is a federal law, is to ensure that you receive the benefits to which you are entitled, in the event your employer reneges on the agreement. Sanctions and penalties could also apply to individuals who do not comply with all of the plan standards.  ERISA is an extremely broad federal statute and generally governs all retirement, pension, and health insurance coverage that an employer provides to its employees as part of a plan. The experienced ERISA attorneys at J. Price McNamara ERISA Insurance Claim Attorney can review your plan and help you to understand the various benefits to which you may be entitled. Please contact us online today for more information about how we could assist you.

Types of Covered Benefits

Not all types of benefits are covered by employer-sponsored ERISA plans. The following types of benefits are generally covered by the ERISA statute:
  • Benefits for housing assistance
  • Scholarship benefits which are funded
  • Holiday benefits and severance pay
  • Medical benefits, including benefits for medical care, vision, dental, flex spending accounts, employee assistance plans, cancer plans, disease management plans, and wellness plans
  • Training benefits and funded apprenticeship benefits 
  • Benefits for certain legal services that have been prepaid
  • Benefit plans that come into effect when the covered individual suffers a certain illness, disability, accident, or death
  • Life insurance benefit plans
  • Accidental death and dismemberment plans
  • Vacation benefits which are funded
  • Daycare facilities
  • Benefits for housing aid

Plans that are not Generally Covered under the ERISA Statute

There are several types of benefit plans which are not covered under the ERISA statute in most cases. For example, if you work for the state, federal, or local government, your health insurance and pension plans will not likely fall within the ambit of the ERISA statute. Moreover, health benefits plans and pension plans which are sponsored by a church will not likely fall within ERISA. An experienced ERISA lawyer in Texas can review your plan, along with the plan language, to determine whether or not the ERISA statute governs the benefits which your plan provides.  

Call a Texas ERISA Attorney Today

The ERISA statute is in place, in part, to make sure that you receive the benefits to which you are entitled. Although the majority of employer-sponsored benefit plans fall within ERISA, some plans and benefits do not. At J. Price McNamara ERISA Insurance Claim Attorney, we can review your plan’s language in order to determine whether your various plan benefits are covered under the ERISA statute. If you are wrongfully denied your benefits, we can assist you in taking the necessary legal action. To schedule a free legal consultation and case evaluation with a Texas ERISA attorney, please contact us online today for more information.
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J. Price McNamara


Losing my own brother, then my father and sister after long, disabling illnesses just a few months apart drove a career change for me. Before that experience, I never truly understood the place you’re in. I never understood the dramatic impact that receiving (or not receiving) the disability and life insurance benefits you paid for and counted on can have on your life especially when you need to focus on family and healing. What I experienced with my own family now drives the way I view my clients and my work, and I will never forget it!

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