Claims Procedures

[Guest t936]

Can qualified retirement plans require that participants submit to arbitration under the finalized claims procedures regulations issued by the Department of Labor?

[Guest BenefitsLawyer]

The new claims and appeals regs specifically approve the use of arbitration as part of the appeal procedures for health and disability plans, BUT it cannot be binding arbitration. The regs do not specifically address arbitration for other plans, but there's at least one case questioning the right of ERISA plans to require binding arbitration.

[Kirk Maldonado]

My recollection is that there are also cases upholding binding arbitration.