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Text of DOL Field Assistance Bulletin 2004-01: Voluntary HSAs Generally Not ERISA-Covered Plans
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL] 
Apr. 8, 2004
Excerpt: [W]e would not find that employer contributions to HSAs give rise to an ERISA-covered plan where the establishment of the HSAs is completely voluntary on the part of the employees and the employer does not: (i) limit the ability of eligible individuals to move their funds to another HSA beyond restrictions imposed by the Code; (ii) impose conditions on utilization of HSA funds beyond those permitted under the Code; (iii) make or influence the investment decisions ... [more follows]
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