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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.
The protective laws under ERISA apply to employer-sponsored health insurance coverage and other benefit plans offered to employees by private employers (only). Corporations, partnerships, sole proprietorships, and non-profit organizations are covered, but governmental employers and churches are not, and are exempt from the application of ERISA.