Final DOL Rule for Disability Claims

[dv13]

I am confident that nonqualified top hat plans will need to address the final rule, specifically when disability is a payment trigger; however, is the rule applicable if disability only accelerates vesting and is not a payment trigger? Would seem so, but I'm not certain. What if the plan only contains disability respective to the cancellation of a deferral election? Would the rule apply here as well? Thoughts are greatly appreciated. Thanks!

[KEC79]

I think anytime the plan administrator is making a determination as to disability, and that determination impacts the rights or benefits the person will receive under the plan, it should be subject to the special rules governing disability claims.  So, yes, I think even if it's just about cancelling a deferral election the enhanced disability rules will apply if and when they are adopted (and the special timing rules for disability claims already apply).  

 

[calexbraska]

We are amending all nonqual plans for the new rule, whether disability triggers payments or results in vesting.