"Employers most often lose the voluntary benefits exemption where they: [1] take an action or actions to 'endorse' the voluntary benefits; or [2] receive consideration as a result of providing the voluntary benefits.... If the 'voluntary benefits' exemption does not apply, the employer must comply with ERISA with respect to those benefits, just as it does for the other welfare benefits the employer offers to its employees. The employer's obligations would include compliance with ERISA's fiduciary obligations."  MORE >>