How to Request Your ERISA Plan Documents: A Step-by-Step Guide

The Employee Retirement Income Security Act (ERISA) was established in 1974 to protect employees’ rights to their benefits and provide transparency regarding their employee benefit plans. One of the key rights under ERISA is access to plan documents that outline the rules, benefits, and administration of your employer-sponsored retirement or health plan. As a result. knowing how to obtain these documents can empower you to make informed decisions about your benefits and ensure your rights are protected. In this guide, we’ll cover what ERISA plan documents are, why they’re important, and how you can request them.

Understanding Your Rights Under ERISA

ERISA plan documents are a set of records that describe the terms, conditions, and operation of an employee benefit plan. In particular, these documents outline your rights and responsibilities, such as earning benefits, filing claims, and resolving disputes..

Under ERISA, a plan administrator is required to provide, upon written request from a plan participant or beneficiary, a copy of certain documents. These include the latest updated summary plan description, the most recent annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other documents that establish or govern the plan. See 29 U.S.C. § 1024(b)(4).

Failure to comply with a participant or beneficiary’s request for the forgoing within 30 days can result in a court awarding statutory penalties of up to $110 per day.  See 29 U.S.C. § 1132(c)(1).

What Plan Documents to Request

In the case of a pension plan or self-insured welfare benefit plan, you should request a copy of the underlying plan document (inclusive of any amendments), the summary plan description (or “SPD”), and the wrap plan document (if any).  A “wrap plan” is a document that consolidates multiple employee benefit plans, such as health insurance, dental, vision, life insurance, and other welfare benefits, into a single plan for reporting and compliance purposes.

Furthermore, in the case of a fully-insured welfare benefit plan (e.g., most disability plans), in addition to the forgoing documents, you should also request:

• The group policy of insurance issued by the insurer to employer. This document addresses the respective rights and obligations of the parties to the insurance contract (the insurance company and the employer), such as when premiums are due and the consequences for nonpayment.
• The “certificate of insurance” or “group booklet” that accompanies the group policy of insurance. This document is issued by the insurer to the plan participants and beneficiaries and explains in detail who is eligible for coverage under the plan, how to qualify for benefits, and other nuts and bolts.  It is often incorporated into the group policy of insurance by reference.

How to Request Your ERISA Plan Documents

Now that you understand the importance of accessing your ERISA plan documents, here’s a step-by-step guide to requesting them:

1. Identify the Plan Administrator

To begin with, the first step in requesting your plan documents is identifying the plan administrator. Under ERISA, the plan administrator is typically your employer, but it could also be a third-party entity responsible for managing the plan. The administrator’s contact information is usually found in your SPD, on your benefits portal, or on any benefits-related correspondence.  It can also be found on your employer’s annual Form 5500 filings with the U.S. Department of Labor.

2. Submit a Written Request

Next, ERISA requires that requests for plan documents be made in writing. You can send a formal letter or email to the plan administrator requesting specific documents. To ensure clarity, include the following details in your request:

• Your name and contact information;
• Your employee ID number (if applicable);
• The specific documents you are requesting (e.g., SPD, Plan Document, etc.);
• The plan name (e.g., XYZ Company 401(k) Plan); and
• A statement that you are requesting these documents under your rights as a plan participant under ERISA.

Here’s a sample template you can use:

3. Wait for a Response

Once you’ve sent your request, the plan administrator has 30 days from the date it received your request to respond and provide the documents. Under ERISA, they are obligated to comply within this timeframe.

4. Follow Up if Necessary

In the event that you do not receive the requested documents within 30 days, follow up with the plan administrator. Sometimes, delays can occur due to miscommunication or administrative oversights. A polite reminder often resolves the issue.

5. Know Your Rights if Denied:  What Should You do if Your ERISA Document Request Us Denied?

If the plan administrator fails to provide the documents within 30 days, ERISA allows you to take further action. You have the right to file a complaint with the Department of Labor or bring a lawsuit in federal court. Courts can impose penalties of up to $110 per day for each day the documents are delayed.

Here’s how to proceed if your request is denied or ignored:

Contact the Department of Labor (DOL): The DOL oversees ERISA compliance and can provide assistance if your employer is unresponsive.  The DOL national hotline is 1-866-4-USA-DOL.

Consult with an ERISA Attorney: If you suspect that your rights are being violated, consult with an attorney specializing in ERISA. They can guide you on the best course of action and represent you in legal proceedings.

Conclusion

Requesting your ERISA plan documents is a powerful way to stay informed about your benefits and ensure that your employer is complying with the law. By understanding the process and knowing your rights, you can take control of your benefits and address any concerns that may arise.  Additionally, keep your plan documents in a safe place, review them regularly, and don’t hesitate to request updates when changes occur. Taking these steps can provide peace of mind and help you make the most of your employee benefits.

Contact us for more information on your ERISA rights.