Can a plan restrict the time period for presenting benefit claims?

[Guest jdw]

The DOL claim regs describe the plan's obligations after the participant has presented a claim. Can the plan limit the time a participant has to present the claim? I see health plans that often have a one-year requirement. I have not seen pension plans do that. I cannot find in the code or regs any authority for doing so. Has anyone had experience with DOL or IRS auditors questioning the period a participant has to present a claim?

[E as in ERISA]

What type of "claim" are you talking about? Normal retirement benefits would generally be paid out beginning at normal retirement age (if not sooner) without action on the part of the participant.

[Guest jdw]

Disability. BTW, the DOL published a FAQ in June 2002 that said the DOL regs did not contain specific rules governing the intial period to make a claim. However, the claim procedure could not "unduly inhibits or hampers the initiation or processing of claims for benefits."

That suggests a plan can impose a time limit; I am looking to see what might be acceptable. 90 days? 1 year? 4 years?

[mbozek]

There is no statute of limitations for filing a claim for benefits under ERISA, e.g., missing participant can return at any time and demand payment. There are ct. decisions that allow a plan to put a time limit on the commencement of a law suit after a claim for benefits has been denied by the PA.