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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.
ERISA also protects the employees from any wrongdoing by a plan fiduciary. A fiduciary is anyone who has discretionary authority and control over the management and assets of the plan. Plan administrators or trustees are considered fiduciaries.