Guest Bud Posted July 19, 2005 Share Posted July 19, 2005 We have to issue a SMM to affected participants. It's an offset plan, so a lot of eligible employees do not have a benefit because it's offset by the other plan's benefit. A lot of them may get a benefit in the future, if the other plan benefits don't grow. Do you think we should send a SMM to eligible employees who don't have a benefit at this time? We will be updating our SPD in the fall and furnishing it to all eligible employees, even those who don't have a benefit under the plan because of the offset. Thanks, Bud Link to comment Share on other sites More sharing options...
WDIK Posted July 19, 2005 Share Posted July 19, 2005 From 29 CFR 2520.104b-3(a) (emphasis added) The administrator of an employee benefit plan subject to the provisions of part 1 of title I of the Act shall, in accordance with Sec. 2520.104b-1(b), furnish a summary description of any material modification to the plan and any change in the information required by section 102(b) of the Act and Sec. 2520.102-3 of these regulations to be included in the summary plan description to each participant covered under the plan and each beneficiary receiving benefits under the plan. ...but then again, What Do I Know? Link to comment Share on other sites More sharing options...
Guest Bud Posted July 19, 2005 Share Posted July 19, 2005 Thanks, but I don't think the word "each" is the issue. The issue is the meaning of "covered under the plan." If a participant's benefit under the plan is offset by her benefit under the other plan, do you think the participant is covered under the plan? Link to comment Share on other sites More sharing options...
WDIK Posted July 19, 2005 Share Posted July 19, 2005 My opinion only, but I do not equate "covered under the plan" with "benefiting under the plan" in this context. If an employee is an eligible participant, I would provide them with the SMM. ...but then again, What Do I Know? Link to comment Share on other sites More sharing options...
No Name Posted July 19, 2005 Share Posted July 19, 2005 WDIK, Blinkey, mbozek. You answer a lot of questions. I'm sitting here with six-eight billable cases and have spent nearly two hours on this board. Is there a Benefitslink Anonymous chapter in Northern California? I think Mike Preston might have found it. Link to comment Share on other sites More sharing options...
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