ERISA Advisory Opinion on California Firefighters Disability Plan

This advisory opinion from the Department of Labor (DOL) addresses whether the California Association of Professional Firefighters (CAPF) Long Term Disability Plan and the National Peace Officers and Fire Fighters Benefit Association (NPFBA) Long Term Care Plan are considered "employee welfare benefit plans" under ERISA. The opinion references a prior advisory opinion from 2015 concerning a similar plan and details the structure and eligibility requirements of the CAPF LTD Plan, which is self-funded and established under California Insurance Code sections governing mutual benefit associations for firefighters.

While this is an advisory opinion and not a binding regulation, it provides guidance to employers and plan administrators regarding ERISA coverage for similar self-funded plans established by associations of employees. Compliance officers should review the opinion to understand the DOL's interpretation of ERISA's applicability to such plans, particularly those established under state-specific statutes for public safety personnel. No immediate compliance actions are mandated by this opinion, but it clarifies the criteria for ERISA coverage.