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ERISA Document Request

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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.)

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  • 1 month later...

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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