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District Court Clarifies Standard for Providing Notice of Plan Limitations Provisions
McDermott Will & Emery 
[Guidance Overview] July 18, 2008
Excerpt: A recent decision from the U.S. District Court for the District of Arizona raises important drafting and administrative issues for employers to consider when adding a plan-based statute of limitations provision to their benefit plans. In Solien v. Raytheon Long Term Disability Plan #590, the court refused to uphold a plan-based one-year limitations period for challenging benefit claims in court because the limitation period was not adequately disclosed in the summary plan description (SPD) and was not communicated to the participant as part of the plan's claim denial determination.
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