Guest kp Posted December 15, 1998 Posted December 15, 1998 What is a claim for benefits? If HCE complains that he was cut back in ADP testing, is this a claim? What are consequences if we do not follow plan procedures in answer?
Alonzo Posted December 15, 1998 Posted December 15, 1998 A claim is a request for a plan benefit by a beneficiary. (29CFR 2560.503-1(d). A benefit under a 401(k) plan is the right to make tax-deferred contributions. So you've got a claim. Processing a grievance under a plan's claims procedures tends to insulate you against a lawsuit. So you probably do want to follow those procedures, if the participant won't take your oral explanation as an answer.
Guest Killer Joe Ribakoff Posted December 16, 1998 Posted December 16, 1998 Failure to follow the claims & review procedure may result in de novo rather than discretionary review by the court.
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