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 protects Pennsylvania employees from potential mismanagement of retirement accounts, pensions, and even long-term disability benefits. This GRIST provides a basic primer on ERISA's preemption of state laws, including various exceptions, exclusions and court rulings. ERISA sets fiduciary standards that require employee benefit plan funds be handled prudently and in the best interests of the participants. ERISA: federal law protects private-sector employees' rights: pension, retirement, health care benefits, short-term and long-term disability. County's Pension Plan are contained in the Pension Plan Document, which governs the. Plan. The Pension Plan is a governmental plan, not subject to ERISA.