ERISA and Government Employee Pension Plans

[Guest %EHK_1948#]

Are government employers, i.e. the State of New Jersey required to comply with the ERISA Law, specifically as it relates to the attached final report, and the State's obligation to pay in to the Public Employees Retirement System(PERS).

final_report.pdf

[Guest mjb]

Public employers are exempt from ERISA because government employers can fund their pension obligations by raising taxes to pay for pension benefits.

[GBurns]

As far as I know State governments and political subdivisions are governed by state law not by ERISA, but I do sometimes wonder if that is really true because some of the plan documents that I have seen very often make ERISA statements especially regarding claims procedures. Barring bad drafting, I wonder why include something that is not applicable, unless it might really be applicable?

[Locust]

Governmental employers are exempt from ERISA but may have to meet funding requirements established by the state (ex. the State of NJ might require all NJ governmental employers to meet certain funding requirements).