Peter Gulia Posted 20 hours ago Posted 20 hours ago If a plan sponsor wants its plan to provide that a hardship is determined by relying on the claimant’s certification (to the extent I.R.C. § 401(k)(14) or § 403(b)(7)(D) permits): Must or should that provision be stated in the plan documents? Or is it enough that the plan’s administrator’s claims procedure, distinct from the plan documents, states the self-certification regime? Also, even if a procedure would be enough, is there any disadvantage to putting the provision in the plan documents’ adoption agreement? I welcome all BenefitsLink neighbors’ views. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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