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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.
to understand basic ERISA fiduciary responsibility, including the duty to act pru- dently, the duty of loyalty and the duty to defray plan expenses, as discussed below. And finally, with respect to any employee benefit plan, employers should determine