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Legally, how many days does an employer have to respond to a participa


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Guest Susan Lindgren
Posted

If I remember correctly, there are ERISA rules surrounding how many days an employer has to respond to a participant's request for a benefit calculation, an SPD, or a plan document.

Can anyone point me to where I could find the details on these timing requirements?

Guest Hillary P
Posted

Susan--ERISA 502©(1) provides that a plan administrator has 30 days to respond to a participant's request for any information that ERISA requires the administrator to provide on request (e.g., an SPD).

Posted

Though you have an enforceable right to only get one benefit calculation each year, I think.

Make sure the request is directed to the "plan administrator," who is named in the SPD. Oughta be in writing.

(Makes for a delicious catch-22 if you don't have the SPD yet, yes?)

Posted

Dave is correct. In fact, I think the procedure for doing just what you ask is supposed to be outlined (briefly, not detailed) in the SPD, including the address.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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