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What is ERISA and how to generate an ERISA plans ownership report?

This article describes how the ERISA Plans Ownership Report helps you monitor the ERISA plans percentage ownership limits set for each mortgage pool.

What is ERISA?

The Employee Retirement Income Security Act of 1974, or ERISA, protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire.

ERISA is a federal law that sets minimum standards for pension plans in private industry.  For example, if an employer maintains a pension plan, ERISA specifies when an employee must be allowed to become a participant, how long they have to work before they have a non-forfeitable interest in their pension, how long a participant can be away from their job before it might affect their benefit, and whether their spouse has a right to part of their pension in the event of their death.  Most of the provisions of ERISA are effective for plan years beginning on or after January 1, 1975.

ERISA does not require any employer to establish a pension plan.  It only requires that those who establish plans must meet certain minimum standards.  The law generally does not specify how much money a participant must be paid as a benefit.

ERISA does the following:

  • Requires plans to provide participants with information about the plan including important information about plan features and funding.  The plan must furnish some information regularly and automatically.  Some is available free of charge, some is not.
  • Sets minimum standards for participation, vesting, benefit accrual and funding. The law defines how long a person may be required to work before becoming eligible to participate in a plan, to accumulate benefits, and to have a non-forfeitable right to those benefits.  The law also establishes detailed funding rules that require plan sponsors to provide adequate funding for your plan.
  • Requires accountability of plan fiduciaries.  ERISA generally defines a fiduciary as anyone who exercises discretionary authority or control over a plan's management or assets, including anyone who provides investment advice to the plan.  Fiduciaries who do not follow the principles of conduct may be held responsible for restoring losses to the plan.
  • Gives participants the right to sue for benefits and breaches of fiduciary duty.
  • Guarantees payment of certain benefits if a defined plan is terminated, through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation. 

To print the report:

  • Click on Mortgage Pool Servicing folder icon Mortgage Pool Servicing in the left panel of The Mortgage Office®.
  • Click on Shares Owned, Capital Based, or CMO then click Tasks & Reports.
  • From the list, click two stacks of plates without border ERISA Plans Ownership Report. 
  • Select a Mortgage Pool from the drop-down menu.

TIP: You may select to print this report for all or selected mortgage pools.

  • Click Print button Print to preview, print, email, or export the report. Click here to learn more. 
  • Click black X Exit or CLOSE black button with no border Close to close the window.


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