ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Pension Plans

Does the law require employers to provide pensions?

No, but if an employer does offer a pension plan, the federal Employee Retirement Income Security Act (ERISA) probably covers it. ERISA applies to private employers whose plans are "qualified" under the federal tax laws. The tax laws provide important advantages to companies whose plans qualify, so most pension plans are regulated by ERISA. (For further information on pensions, see chapter 16, "The Rights of Older Americans," chapter 18, "Estate Planning," and chapter 3, "Family Law.")