For guidance on what may cause a 403(b) plan to be subject to ERISA, please consult the Department of Labor's rules. Complete the Enrollment Form.This plan allows eligible employees to: Set aside money towards their retirement. What compensation is used to determine my Plan benefits? Variable annuities made up 18 percent of large ERISA 403(b) plan assets, while fixed annuities represented 14 percent. These are self-directed plans, in that the employee decides how the funds in the account are invested amongst several options. However, there is not strong support in the case law for this approach. De LaSalle Common Meaning Approach. Plans that do not fall under Title I of ERISA do not have to comply with ERISA requirements relating to participation standards, minimum coverage, vesting,.