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ERISA only exempts two types of employers: 1  Employee benefit plans maintained by governmental employers are exempt from ERISAâs requirements. This exemption includes plans maintained by the federal, state or local (for example, a city, county or township) governments.  Church plans are also exempt from ERISA.
Section 510 of ERISA affords some. protection to whistleblowers who report ERISA violations. There is. uncertainty, however, about whether section 510 protects a whistleblower. who complains directly to his or her employer, or whether protection is. limited to an individual who makes a report externally.