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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.
(ERISA) governs nearly all employer-maintained benefit. plans.1 Sixty percent of American workers who have. employer-sponsored health insurance are enrolled in self-funded. ERISA plans, 2 which are exempt from state laws regarding insur-. ance and subrogation.3 This represents an 81.7% increase in self-.