Arbitration & DOL Claims Procedures

[Guest Benefitsrock]

Help! I understand that health and disability plans may require arbitration (non-binding) as 1 of the 2 levels of appeals and may use mandatory arbitration (binding) on additional appeal on a voluntary basis. However, what about other plans (eg, pension, top hat)?

Do these same rules apply, that is non-binding arbitration is allowed as 1 of the 2 levels of appeals and mandatory, binding arbitration is allowed but only if the plan offers it as a voluntary appeal and the claimant agrees to it?

[Guest Benefitsrock]

Help! I understand that health and disability plans may require arbitration (non-binding) as 1 of the 2 levels of appeals and may use mandatory arbitration (binding) on additional appeal on a voluntary basis. However, what about other plans (eg, pension, top hat)?

Do these same rules apply, that is non-binding arbitration is allowed as 1 of the 2 levels of appeals and mandatory, binding arbitration is allowed but only if the plan offers it as a voluntary appeal and the claimant agrees to it?

Can someone just share their thoughts with me? I'm at a loss! Thanks!

[Guest Benefitsrock]

This has come up again. Health and disability plans can require arbitration (non-binding) as 1 of the 2 levels of appeals and can use mandatory arbitration (binding) as additional appeal on a voluntary basis. However, what about other plans (eg, pension, top hat)?

Do these same rules apply, that is non-binding arbitration is allowed as 1 of the 2 levels of appeals and mandatory, binding arbitration is allowed but only if the plan offers it as a voluntary appeal and the claimant agrees to it?

[IRA]

The answer will implicate the application of the Federal Arbitration Act. You should probably ask your plan's counsel.