Employment Law Resources

Employee Briefcase

Nov 26 2013

Are your severance benefits subject to ERISA?

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The provision of severance benefits may constitute an ERISA plan and therefore such arrangements may be subject to the statute’s requirements. Although case law provides guidance to employers, ultimately the facts and circumstances of the particular severance arrangement will dictate ERISA‚Äôs application. While severance arrangements that provide ongoing benefits to a number of employees will very likely be treated as a plan subject to ERISA, other severance arrangements pursuant to employment or severance agreements may or may not be subject to ERISA.