ERISA (Employee Retirement Income Security Act of 1974) Coverage for HSAs with Investment Advice
- Generally, HSAs are not subject to ERISA, but if the employer provides investment advice regarding an employee's HSA funds, the employer may become a fiduciary under ERISA due to the 2024 Dept. Of Labor fiduciary rule.
How to Avoid Crossing into Fiduciary Territory
- Employers remain non-fiduciaries when providing neutral investment education such as explaining fee structures or investment options. If an employer recommends specific investment decisions or handles and employee's funds directly, they are subject to fiduciary obligations.
HSA Sponsorship Duties under ERISA
Employer-sponsored HSAs, when part of a group health plan, involve certain ERISA considerations:
- Acting prudently and loyally when selecting HSA custodians and vendors
- Monitoring fees, service quality, and any conflicts of interest
- Documenting decisions and disclosures
- Ensuring compliance with regulatory changes