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SPD requirements for governmental plans


Guest lwhittle
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Guest lwhittle

Being exempt from Title I of ERISA, what are the requirements for SPDs for benefit plans of governmental employers?

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None under federal law. However, applicable state or local law may require a summary. Even if it does not, it's probably a good idea to provide one, to lessen the possibility that employees will not understand their rights, and may later claim contractual rights based on other documents or alleged oral statements.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

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Amen.

My experience is that govt. employers are glad to "lean on" ERISA requirements as guidance for employee communications. The SPD is a good example; however, don't include the "ERISA rights" section since it does not apply.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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