§ 4.3.5.1 EMPLOYEE BENEFIT PLANS.

• Jurisdiction: Arizona

§ 4.3.5.1 Employee Benefit Plans. For purposes of determining ERISA coverage, the term "employee benefit plan" is defined to mean an employee welfare benefit plan or an employee pension plan.²⁹ Whether a particular arrangement satisfies the definition of being a "plan" is a question of fact to be resolved by examining the surrounding circumstances under a "reasonable person" standard.³⁰

Most courts use some variation on a four-factor test. The factors are whether a reasonable person could ascertain: (1) the...