The law establishes minimum standards for plans to protect both employees and employers. Learn how Discretionary Clauses and choice of law in ERISA cases can affect the outcome of benefit denial litigation.ERISA is meant to protect private pension and health plans from fraud and mismanagement. ERISA furnishes guidelines to pension funds, insurance companies, and private employers. These guidelines mandate how to administer employee benefit plans. Federal ERISA plans generally do not have to comply with state laws. ERISA rules preempt or block state laws that relate to ERISA plans. Salary is also defined in the policy and may or may not include bonuses.