Blitman and King attorneys provide cutting edge and practical advice for all clients seeking action in regards to their severance benefits across NY. Severance benefits that are part of an ongoing administrative program with clear eligibility standards or benefit provisions are subject to ERISA.9700 to speak to ERISA attorney Jonathan M. Feigenbaum, Esquire. ERISA is the federal law which applies to almost all employee benefit claims. ERISA does not apply to all forms of severance pay and severance benefits. What is considered dismissal or severance pay under the new Unemployment Insurance reform law? Administrative consistency and flexibility. Coyne, 482 U.S. 1 (1987), which "addresses a state law requiring one-time severance payments to employees if their plant closed.