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Legal Memorandum: Actions Governed by ERISA

Issue: What sort of actions are governed by ERISA?

Area of Law: Employee Law
Keywords: ERISA
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: 29 U.S.C. § 1001 et seq, § 1002(2)(a), § 1002(4)
Date: 10/01/2007

            Actions may arise under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (ERISA).  ERISA applies to “employee pension benefit plans” and “pension plans,” defined to include

any plan, fund, or program . . . established or maintained by an . . . employee organization, . . . to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program (i) provides retirement income to employees, or (ii) results in a deferral of income by employees . . . , regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.

 

Id. § 1002(2)(a).  The term “employee organization” includes labor unions.  Id. § 1002(4).

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