Employee Benefits Law

Employee benefits law is a specialty in the practice of law that focuses on employee benefits like health and life insurance, pension plans, and severance packages. The Employee Retirement Security Act of 1974 (ERISA) is the federal law that covers employee benefits and employee benefits law. The purpose of ERISA was to protect the participants enrolled in employee benefit plans by requiring their employers to disclose the particulars of the plans. ERISA can also refer to the full body of laws, found in the Internal Revenue Code, regulating employee benefit laws. Most large law firms have a division devoted to employee benefits law, and many law schools offer specialized training in this specialty. This field of law is "cutting-edge", meaning that its regulations change continually and requires a lawyer knowledgeable about the subject.

Fast Facts

  • ERISA incorporates issues like employer disclosure requirements, fiduciary responsibilities, and what can be done if the law is violated.
  • ERISA describes the minimum requirements employers must follow in order to receive favorable tax treatment for the pension plans they offer their employers, and what they must pay if they decide to stop offering them.
  • ERISA covers the contingencies that could occur when employers file for bankruptcy.

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