Are There Disability Plans That Are Not Governed By The Erisa Statute?
The Employer Retirement Income Security Act of 1974 governs employee welfare benefit plans, including disability insurance plans.
ERISA is not a plaintiff friendly statute and, fortunately, there are plans that are not governed by ERISA. These include plans by:
• Plans maintained for the purposes of complying with Workers’ Compensation; and
• Plans maintained outside the United States for the benefit of persons for non-resident aliens.
The great news is that if you’re employed by a government agency such as state or a local government, your long term disability benefits are not governed by the ERISA statute.
You can learn more about your rights to short and long term disability benefits by contacting governmental plan disability attorney, Nancy Cavey, who can help you regardless of where you live in the United States.