My Employer Says He Doesn't Have To Comply With State Laws Because His Plan Is Self-Funded. Is My Employer Correct?

Yes, if your employer self­funds the plan and merely contracts with an insurance company to provide administration services only, then according to the Federal Employee Retirement Income Security Act (ERISA) the employer`s plan is likely to be exempt from many state requirements. However, you have a right to appeal any decisions of the plan. Your appeal rights in your employee benefit plan are required by ERISA. Generally you have 60 days to file an appeal of any decisions of the plan administrator. The plan then has 60 days to respond in writing to your appeal.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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