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Posted

Under ERISA Section 104, a plan is generally required to provide a copy of the plan's SPD upon a participant's request. If the plan provides a copy to the participant must the plan (at a later time) also provide a copy to the participant's authorized representative if the representative makes a request?

(Assume that the participant is still living and that there is no presumable reason why the representative can't get the document from the participant.)

Posted

Give it to him electronically, via email. No cost, no excuses, confirmed delivery.

  • 1 month later...
Posted

If the participant has given the "representative" legal power of attorney, then yes you would. Otherwise, I don't think so.

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