Governmental plans and ERISA

[Guest KevinGirts]

Is there an easy wat to find out which states require their governmental plans to comply with ERISA? Is there a list of governmental plans that must comply with ERISA?

[Guest CVCalhoun]

The National Council on Teacher Retirement puts out a book called, Protecting Retirees' Money: Fiduciary Duties and Other Laws Applicable to State Retirement Systems, which summarizes the fiduciary standards applicable to governmental plans in all 50 states. Although none of the states specifically requires that the plan comply with ERISA, the book shows which ones impose the same fiduciary standards on plans through applicable state law or regulation.

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Employee benefits legal resource site

[Guest Ralph Amadio]

To my knowledge no one requires conformity with ERISA anywhere in the U.S. In California, ERISA is an option that an agency may choose, for goodness knows what reason, since California fiduciary law mirrors ERISA. Further the California Constitution in Article 16, Section 17 lays down further rights. Much of my time is used explaining to neophyte legal practitioners why ERISA is not applicable.

[Gary]

I have some materials(several pages) relating to applicability of ERISA to gov. plans. If you are interested I can mail or FAX this info. It says Gov plans are exempt from Title I (reporting and disclosure) and Title IV( PBGC term rules). However, Title II(Amendments to IRC) exempts gov. plans only where the IRC states so. The ERISA exemption to Title III was not granted to gov plans either.

[Guest CVCalhoun]

I also have an online list of which of the Code requirements applies to governmental plans; you can click here to go to it.

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Employee benefits legal resource site

[Note: This message has been edited by CVCalhoun]

[Guest S Franc]

Originally posted by Gary

I have some materials(several pages) relating to applicability of ERISA to gov. plans.  If you are interested I can mail or FAX this info.  It says Gov plans are exempt from Title I (reporting and disclosure) and Title IV( PBGC term rules).  However, Title II(Amendments to IRC) exempts gov. plans only where the IRC states so.  The ERISA exemption to Title III was not granted to gov plans either.

Can you e-mail me what you have?