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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.
It is federal law that applies to many private employers, but not to all. The simplest way to understand ERISA is that it establishes minimum standards for retirement (pension plans), health, and other welfare benefit plans (including life insurance, disability insurance, and apprenticeship plans) to protect employees, but also to protect employers.