Is an Employee Assistance Program considered an ERISA plan? Is a plan

[Guest Julie]

Is an Employee Assistance Program considered an ERISA plan? Is a plan document, SPD required. And, must an annual 5500 be filed each year?

[Kirk Maldonado]

Julie:

My understanding is that the DOL has stated that an EAP that consists of solely of referral services is not subject to ERISA.

On the other hand, the DOL apparently ruled that providing counseling for health related problems under the EAP caused it to be subject to ERISA.