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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.
It is federal law that applies to many private employers, but not to all. The simplest way to understand ERISA is that it establishes minimum standards for retirement (pension plans), health, and other welfare benefit plans (including life insurance, disability insurance, and apprenticeship plans) to protect employees, but also to protect employers.