Peter Gulia Posted January 12, 2018 Share Posted January 12, 2018 Soon, “a plan providing disability benefits” must design its claims procedure to meet some conditions ERISA’s claims-procedure rule does not otherwise require for a retirement plan’s claims procedure. https://www.gpo.gov/fdsys/pkg/FR-2016-12-19/pdf/2016-30070.pdf If a 401(k) plan has immediate vesting for all contributions and allows a distribution on a participant’s severance-from-employment (without considering how the employment ended), is it fair to say the plan provides no disability benefit? Can anyone think of a situation in which a 401(k) plan’s administrator must decide whether a participant has a disability? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com Link to comment Share on other sites More sharing options...
Jim Chad Posted January 12, 2018 Share Posted January 12, 2018 Vesting, 1000 hour and last day requirements are sometimes waived for Disability. But I can't imagine this being called a disability benefit. Link to comment Share on other sites More sharing options...
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