Former employee's rights to plan documents

[Alonzo]

This is an area where the case law can get tangled. Basically, a court is going to find that, if the former employee has any kind of "colorable" claim to benefits, he has a right to the plan document.

Is there a good reason not to give the participant a document? Will he get a lawyer if you don't? Has he already got a lawyer, and is he fishing for a class-action lawsuit?

I'd suggest turning over the document, even if it is doubtful the former participant has an entitlement to any future benefits. Dealing with the grief a professional troublemaker can cause when denied something like this will be a good bit more than the copying costs. The only exception would be if you are afraid that somebody is trying to get a class-action lawsuit together.

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[Gary]

a former employee receives a lump sum distribution of his pension a few years ago. Does this person still have rights under ERISA 104 and 209 (I believe) to receive copies of plan documents to review his pension entitlement? Or is the plan sponsor under no obligation to this person. This is under the assumption that the statute of limitations has not expired.

[richard]

And if it turns out that he does have a claim to a benefit and you didn't give him the document, you've got an ERISA violation, with penalties of $$$