ERISA does not require any employer to establish a retirement plan. It only requires that those who establish plans must meet certain minimum standards.A plan may require completion of a specific number of years of service for vesting in other employer or matching contributions. ERISA requires employers to retain certain documents and records in order to meet their fiduciary responsibilities. Distributions from your 401(k) plan are taxable unless the amounts are rolled over as described below in the section titled, "Rollovers from your 401(k) plan. It's the law: California businesses with more than five employees must offer a retirement saving opportunity. Fiduciary Duties: ERISA imposes stringent standards on those managing and controlling plan assets.