Employee benefits - Georgia

Summary of differences between federal and state regulations

Employee benefits are generally covered under the federal jurisdiction of the Employee Retirement Income Security Act (ERISA).

Federal ERISA plans generally do not have to comply with state laws. ERISA rules preempt or block state laws that relate to ERISA plans. State insurance laws, however, do apply. Georgia has laws that govern group life insurance, and include the following provisions:

• The employer must not be the beneficiary. (§33-27-1)
• The employees eligible for insurance under the policy must be all of the employees or all of any class or classes thereof determined by conditions pertaining to their employment. (§33-27-1)
• Premiums for the policy must be paid by the policyholder either from the employer's own funds or from charges collected from the insured employees specifically for such insurance, or from funds contributed by both the employer and the employee. (§33-27-1)
• If the plan premiums are not derived from funds contributed by the insured employees, it must insure each eligible employee, except for any employee as to whom evidence of individual insurability is not satisfactory to the insurer. (§33-27-1)
• The policy must cover at least two employees at date of issue. (§33-27-1)
• The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees or by the employer or trustee. (§33-27-1)

State

Contact

Georgia Insurance and Safety Fire Commissioner

Regulations

Georgia Insurance Code, Title 33, §33-27-1 through §33-27-9

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

29 CFR chapter XXV (Parts 2509 – 2590)