ERISA imposes strict standards of conduct (i.e. This GRIST provides a basic primer on ERISA's preemption of state laws, including various exceptions, exclusions and court rulings.An ERISA plan can be held to exist in the absence of a written plan document or compliance with other ERISA requirements. Form 5500 applies to both defined benefit and defined contribution plans, including employersponsored 401(k) plans. Every employee benefit plan should be established and maintained pursuant to a written instrument. ERISA's protections apply to most employees' retirement plans, including 401(k) and pension plans. This plan is similar to a 401(k) plan but is only offered through governmental entities. Contributions are made with pre-tax dollars to reduce taxable income.