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What are an employer’s responsibilities under ERISA?

March 27, 2025

Under ERISA, employers that sponsor group health or welfare plans take on specific legal responsibilities to ensure plans are administered fairly, transparently, and in the best interest of participants.


🧾 Key Employer Responsibilities Under ERISA:

✅ Provide Required Plan Documents

  • Maintain a written plan document and distribute a Summary Plan Description (SPD)

  • Share updates through Summary of Material Modifications (SMMs) if changes are made

✅ Act as a Fiduciary

Employers (or designated plan administrators) must act in the best interests of plan participants when managing plan assets, making decisions, or communicating benefits.

✅ Follow Plan Terms Consistently

The plan must be operated according to its written terms—this includes eligibility, claims processing, and appeal procedures.

✅ Provide Required Notices

ERISA requires specific disclosures at enrollment and throughout the plan year—like COBRA notices, HIPAA rights, and SBCs (Summary of Benefits and Coverage).

✅ File Annual Reports (if applicable)

Large plans (100+ participants) must file Form 5500 annually with the Department of Labor.


🧠 Bottom Line:

ERISA isn’t just about having documents—it’s about ongoing compliance. Even small employers need to make sure they’re following the rules and documenting their compliance efforts.

Employer Responsibilities ERISA

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