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Last Updated: 7/22/2025

The Employee Retirement Income Security Act of 1974 () is a complex and comprehensive statute that federalizes the law of employee benefits. ERISA sets a comprehensive regulatory framework for employee pension benefit plans and also preempts most state laws relating to “employee welfare benefit plans,” a broad category that includes nearly all employer-sponsored and union-sponsored health plans.

ERISA was about consumer protection in these plans and establishes minimum standards to ensure that plan funds are protected and that participants receive their benefits. ERISA requires plans to provide participants with information about plan features and funding, sets fiduciary responsibilities for those who manage plan assets, and gives participants the right to sue for benefits and breaches of fiduciary duty. Additional consumer protections have been added to ERISA over the years including for continuation of health coverage after job loss () and for portability (). The U.S. Department of Labor (DOL), specifically through its Employee Benefits Security Administration (EBSA) is responsible for of ERISA, which includes rules on reporting and disclosure, fiduciary responsibilities, continuation coverage (COBRA), and health care protections.

ERISA, however, does not preempt state insurance laws . The result is a dual regulatory framework. To the extent that an ERISA plan pays directly out of plan assets (a “self-funded plan”), it is exempt from state regulation. To the extent that the plan purchases insurance to cover some or all of its benefit obligations (an “insured plan”), the state’s regulatory authority over the insurance contract results in indirect state regulation of aspects of the plan.

State insurance departments are responsible for regulating the business of insurance, which includes licensed insurance companies providing benefits to fully insured ERISA plans.  Some benefit plans are not ERISA-covered plans, such as plans offered by state and local governments, church plans, and individual market policies. States also retain authority over Multiple Employer Welfare Arrangements (MEWAs).

The precise boundary of state jurisdiction where ERISA-covered plans have been the subject of numerous disputes involving complex preemption analysis. ERISA’s preemption clause overrides any state laws that “relate to” employee benefit plans, ensuring uniform federal regulation. However, this is balanced by the “saving clause,” which allows states to enforce laws that regulate insurance, banking, or securities. The “deemer clause” further limits state authority by preventing states from treating self-funded ERISA plans as insurers. Together, these clauses define the boundaries of federal and state oversight, with courts interpreting their application through decades of case law.

ERISA has been amended many times since its original passage in 1974 to add provisions for changes in employment status (COBRA), privacy and portability (HIPAA), and to define coverage rules for newborns and mothers (the Newborns’ Act), mental health (MHPAEA) and others.

COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985) gives the right to continue group health coverage for a limited time after certain qualifying events, such as job loss, reduction in work hours, or other life changes. Importantly, COBRA does not apply to plans sponsored by small employers (fewer than 20 employees), church plans, or federal government plans. However, have “mini-COBRA” laws that extend similar protections to employees of smaller firms.

The Affordable Care Act (ACA), enacted in 2010, introduced new requirements for health plans, including ERISA plans. These include coverage for preventive services, the elimination of lifetime and annual limits on essential health benefits, and the extension of dependent coverage up to age 26. Recent changes to ERISA include updates to disclosure requirements and fiduciary rules. The ERISA (B) Working Group continues to address issues related to ERISA and state regulation, focusing on improving coordination and enforcement.

The ERISA (B) Working Group is responsible for monitoring and addressing developments related to ERISA. This includes providing guidance to state regulators, analyzing legal cases, and coordinating efforts to ensure compliance with both federal and state regulations. In 2022, the group published an updated version of its handbook Health and Welfare Plans Under ERISA: Guidelines for State and Federal Regulation. In 2025, the group continues to coordinate with the U.S. DOL regarding compliance and enforcement efforts of the ACA and ERISA as well as sham health plans.