I have several small business owners that do no have work comp. (not mandatory in Texas) due to cost. As an alternative I offer them occ. acc. but it does not have the law suit protection that comp. has.
I would like to know if a binding arbitration agreement between the employer and employees has to be part of an erisa document if all they have are voluntary benefits or can it be a stand alone agreement.
If it must be part of an erisa document the name of a company that can prepare such a document that only adresses the arbitration issue since the only benefits available are voluntary.
Thanks,
Paul

I am answering my own question after talking to the Department of Labor in the hopes it may help someone else. If a company chooses not to have comp. in Texas since it is optional and would rather have a more affordable occupational accident policy for the employees, and provide for Binding Arbitration as opposed to litigation it does need to be part of an ERISA document according to the department of labor. Concerning a company that can provide such a document for your clients that choose this route you can e-mail me at pbayl10@aol.com and I'd be happy to pass along the information.