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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.
Itâs important to understand that ERISA in no way requires an employer to provide a pension plan for employees, but that any employer who does establish one must do so with the understanding that they will adhere to certain standards.