Back to Federal guidance
When a city firefighter pension is outside ERISA
Summary A retired city firefighter asked whether ERISA guaranteed pension payments after a disaster. DOL said that, if the pension plan was established and maintained by the city for its employees, it was a governmental plan outside ERISA. Continued payments would instead depend on the plan and the city’s ability to meet its obligations; DOL did not establish those facts.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Document number
P/OPINION 75-25
Date issued
February 13, 1975
Status
Unknown
EBSA's index does not mark withdrawn or superseded opinions; still posted on dol.gov as of 2026-10-26.
Status last verified October 26, 2026
Topics
Apply this to your situation
This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.
About this page: The full text below is the official document from U.S. Department of Labor, Employee Benefits Security Administration (EBSA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
P/OPINION 75-25
3(32)
February 13, 1975
Dear :
This is in response to your recent letter asking about
the Employee Retirement Income Security Act of 1974
(ERISA). You wrote that you have retired from the
City Fire Department, and asked if the
ERISA would cover your case and assure you a continued
pension in case of a disaster affecting [the city] .
Employee Benefit plans which are established and maintained
by a local governmental entity for its employees are not
covered by the ERISA. If your pension benefit plan was
established and is maintained by the City for
its employees, it would be a "governmental plan" not subject
to the provisions of ERISA. Therefore, continued payment
of your pension benefits in the case of a natural disaster
would depend upon the provisions of your plan and the
ability of the City to meet its obligations.
If I may be of further assistance to you, please do not
hesitate to write.
Sincerely,
What does federal law require in your situation?
Ezel checks current federal labor law against your facts and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace