Many plan documents will explicitly tell you that the plan was established to comply with ERISA, leaving little doubt. In other cases, whether the benefits amount to an employee benefit plan covered by ERISA will hinge on all the facts and circumstances. Generally, any plan, fund, or program established or maintained by an employer for the purpose of providing benefits to employees is an ERISA covered plan. ERISA exempts certain things, though, such as wages, vacation time, sick days, and other payroll practices.
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