['Employee Benefits']
['Employee Benefits']
06/11/2024
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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. Minnesota has laws governing group life insurance.
- Plan participants are entitled to have issued, without evidence of insurability, upon application made to the insurer within 31 days after the termination, and upon payment of the premium, an individual policy. §61A.09
- If the plan is offered to more than five employees, the employer may not require an employee to participate in the life insurance plan as a condition of employment, unless the employer pays the full cost of the plan. §61A.091
- There will be a one month grace period. §61A.03
- Plans must allow covered employees who are voluntarily or involuntarily terminated or laid off from their employment, to elect to continue the coverage for themselves and their dependents. §61A.092
State
Contact
Minnesota Department of Commerce
Regulations
Minnesota Statutes
Chapter 61A, Life Insurance
§61A.03 Required provisions; life insurance policies
§61A.09 Group Life Insurance
§61A.091 Employee group life insurance plans
§61A.092 Continuation of coverage for life insurance
Federal
Contact
Employee Benefits Security Administration (EBSA)
Regulations
29 CFR chapter XXV (Parts 2509 – 2590)
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