ERISA does not require any employer to establish a retirement plan. It only requires that those who establish plans must meet certain minimum standards.ERISA is an American federal statute that establishes minimum standards for pension plans in private industry, such as 401(k) plans. Find answers to frequently asked questions about employee benefit plan audits, including welfare audit requirements and ERISA audit questions. Find general information about 401(k) plans, the tax advantages of sponsoring the plan and the types of plans available. Vesting and Participation: ERISA sets rules regarding eligibility and vesting in 401(k) plans. Use the links on the right of this page to learn more about how to search for unclaimed retirement benefits and steps to take before contacting PBGC. All 401(k) plans must procure an ERISA bond to protect plan assets from theft or wrongdoing. What requirements do I have to meet before I am eligible to participate in the Plan? " The case is Curtis v. Amazon.