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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. A church plan is any employee benefit plan established or maintained by a church or by a convention or association of churches that is exempt from tax under Section 501 of the Internal Revenue Code (Code), and has not made an election under Code Section 410(d) to be subject to ERISA.
Which plans are definitely NOT subject to COBRA? Plans that do not fall under the health care umbrella are not subject to COBRA. Therefore, COBRA does not apply to employer-paid or voluntary life insurance, disability insurance, long-term care insurance and legal assistance programs. Also, COBRA typically does not apply to the bank account side of Health Savings Accounts (HSAs) because the bank account is in the name of the individual rather than the employer.