When Is a Short-Term Disability Plan a Payroll Practice?
… of welfare plans generally covered by ERISA may be exempt from ERISA based on what is known as the “payroll practice” exemption. The payroll practice exemption applies to income replacement programs that an employer pays to employees using the employer’s general assets. Short-Term Disability (STD) plans are welfare benefits that continue all or a percentage of an employee’s salary for up to six months if it is determined that an employee cannot perform their duties due to sickness or injury. STD plans provided through an insurer are subject to ERISA. A self-funded STD plan – also referred …
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