Question

Is my plan governed by ERISA?

Asked on October 9th 2020 by LeRoy S.
New York Life has denied my STD and appeal. My company’s STD policy indicates it is a non-insured, salary continuation program for Eligible employees. Benefits are not refunded and are paid from the general assets of my company as a normal payroll practice, without employee contributions. The Plan does not constitute a Welfare Benefit Plan under the provisions of the Employee Retirement Income Security Act of 1974. It appears to me this plan is not governed by ERISA? Is this correct? Both companies are in Pennsylvania.

Answer

Answered on October 9th 2020 by Attorney Alex Palamara

LeRoy, we will have to review the policy in order to give an opinion as to whether it would be governed by ERISA. Please gather each of your policies and contact us for a free consultation.