For guidance on what may cause a 403(b) plan to be subject to ERISA, please consult the Department of Labor's rules. In general, participants cannot request a distribution until 31 days after their employment ends.Keep in mind: To fund your account you will need to complete the required Salary Reduction Agreement form. Regulatory changes require all ERISA 403(b) plans to file expanded 5500 packages to the. Internal Revenue Service (IRS) and Department of Labor (DOL). This plan allows eligible employees to: Set aside money towards their retirement. ERISA is a set of federal laws that set the standard for health retirement plans. When denied, seek an Oakland ERISA Attorney right away. Most employersponsored retirement plans are subject to ERISA requirements. Reporting and Disclosure Guide for Employee Benefit Plans, Meeting Your Fiduciary Responsibilities, Selecting an Auditor for your Employee Benefit Plan.