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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.
Once an employer decides to provide benefits that are subject to ERISA, the planâs operation is regulated by ERISA, and the benefits must be detailed through a written plan document (called a Summary Plan Description).