CEBS GBA Exam 3 Questions with Correct Answers

An employee welfare benefit plan has four basis elements. What are these elements? (Mod 1.1) - Answer-1) There must be a plan, fund or program. 2) The plan, fund or program is established or maintained by an employer. 3) The plan, fund or program is for the purpose of providing specifically listed benefits, through the purchase of insurance or otherwise. 4) Benefits are provided to participants and beneficiaries. Explain how a "plan, fund or program" for an employee benefit plan is defined (Mod 1.1) - Answer-The phrase "plan, fund or program" is not defined in ERISA but rather has been laid out in several court cases. Courts have held a "plan, fund or program" under ERISA is established if, from the surrounding circumstances, a reasonable person can ascertain the intended benefits, the class of beneficiaries, the source of financing and the procedure to receive benefits. Describe the procedures required to establish an ERISA employee welfare benefit plan (Mod 1.1) - Answer-No particular formalities are required to create an ERISA plan and no single action in and of itself necessarily constitutes establishment of ERISA employee welfare benefit plan. Thus, ERISA plans have been deemed to be "established or maintained" by a practice that would cause a reasonable EE to perceive an ongoing commitment by the ER to provide EE benefits. This would include any contributions by an ER toward payment of benefits or by the ER simply administering the benefit.