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Does an EAP (Employee Assistance Program) need to be included in the ERISA Wrap Document?

An EAP that provides employees and their dependents with assistance in dealing with major personal problems arising in connection with their physical or mental health may be considered an "employee welfare plan" and subject to ERISA and worthy of inclusion in the Wrap Document. On the other hand, a program offering only referral services is probably exempt from ERISA, because it does not "provide" medical or other welfare benefits.

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