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['Employee Benefits']
['Employee Benefits']
04/03/2024
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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. New Jersey has laws governing temporary disability benefits
Under the New Jersey Temporary Disability Benefits Law, cash benefits are payable when employees cannot work because of sickness or injury NOT caused by their job. New Jersey is one of only five states which provides compulsory temporary disability insurance for workers. Most workers who become disabled within 14 days of their last day of work in covered New Jersey employment may be covered for disability insurance under the State Plan or an approved Private Plan.
There is a third program for those whose disabilities begin more than 14 days after the last day of work. This program is known as "Disability During Unemployment."
New Jersey law also covers group life insurance, which provides, for example, the following:
The employer cannot be the beneficiary.
No policy may be issued on which the entire premium is to be derived from funds contributed by the insured employees. You may have a policy on which part of the premium is derived from funds contributed by the insured employees only if at least 75 percent of the employees elect to make the required contributions. If the employer pays 100 percent of the premium must insure all eligible employees.
The policy must cover at least 10 employees at date of issue.
There is a 31 day grace period.
State
Contact
New Jersey Department of Banking and Insurance
Regulations
New Jersey Statutes
Title 43 Pensions and Retirement and Unemployment Compensation
§43:21-25 (Temporary Disability Benefits Law)
https://roar-assets-auto.rbl.ms/documents/14628/Law.pdf
Title 17B Insurance
Federal
Contact
Employee Benefits Security Administration (EBSA)
Regulations
29 CFR chapter XXV (Parts 2509 – 2590)
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.