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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.
You already know that an employee benefit plan qualified as a âgovernment planâ is exempt from ERISAâs framework. But what is the definition of âgovernmentâ? Some employers may not actually be government entities, and public private partnership may inject ERISA back into the framework. This new case gives you the tests to apply to determine whether a government entity exists, which then means ERISA does not apply. Smith v. Regional Transit Authority, __ F. Supp. 2d __ (E.D.