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In FAB 2006-02, DOL Provides Important Follow-Up Guidance on HSAs and ERISA Issues (PDF)
Alston & Bird LLP 
Nov. 7, 2006
4 pages. Excerpt: Reading this guidance, FAB 2004-1 and the applicable IRS guidance together, it would appear that ERISA would not apply solely because an employer establishes an arrangement under which accounts are established and pre-tax salary reduction contributions are made by default. Also, it is important to ensure that state and federal banking requirements applicable to account establishment are satisfied.
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