What Is an ERISA Summary Plan Description and How Do I Get Mine?
If you have benefits through work, your employer or union benefit plan is required to have a document that summarizes the key terms of the benefit plan. This requirement is under the law ERISA, or the Employee Retirement Income Security Act. However, the law does not require that they give you a copy of the full rule book. Instead, they must give you a summary, called the ERISA Summary Plan Description (SPD).
Why Do I Need the ERISA Summary Plan Description?
If you ever need to make a claim for benefits under your employer’s or union’s plan, you need a copy of the SPD. ERISA law contains little about what benefits employers must offer and what terms they must include in their plans. The SPD gives you the rules that apply to your plan.
For example, if you need to know how to prove disability under your company’s long term disability plan, read the SPD. Do not rely on what you have been told over the phone or in a letter.
The SPD determines many important aspects of your plan, including, but not limited to:
● Benefits offered under your plan
● Qualifications to get the benefit you seek
How Do I Get a Copy of My ERISA Summary Plan Description?
Send a letter to your employer and the plan administrator requesting it. Give them an address to mail the copy back to you.
When you send your request letter, use certified mail or another tracking method, like delivery carriers with tracking numbers. You may be sending it to more than one person or company, so be sure to send each copy of the letter by a verifiable method.
What If I Don’t Know My Plan Administrator?
Depending on your state and policy, you may not know who is responsible for producing your SPD. You should ask for the documents from every possible person or entity that could be responsible for it. If you do not know who the plan administrator is, follow these rules:
● If you are in an employer plan, send a letter to your employer’s human resources or benefits office.
● If you are in a union plan, send it to the Union local and headquarters.
● If the plan relates to insurance, also send a copy of the letter to the insurance company.
● If it is a pension plan or 401k plan, also send a letter to the investment administrator.
How Long Does My Employer or Union Have to Get Me My SPD?
Under ERISA, the plan administrator has 30 days to send you a copy of your SPD after they receive your letter. ERISA gives you the power to collect up to $110 per day after 30 days if the documents are not provided. However, there are a couple of exceptions to this:
● You must be able to prove when they received it. That is why you must have a tracking number.
● You must have requested the documents from the correct person or entity.
If they do not send you the documents within 30 days, send a second copy of the letter with a tracking number. Then, if they still do not send you the documents, we recommend that you contact an ERISA attorney. An ERISA attorney can help you file a lawsuit to get the documents and seek a monetary penalty for each day the plan administrator is in violation.
About Our ERISA Lawyers at Tucker Law Group
Tucker Law Group is a nationwide disability insurance law firm. Our team understands the unique challenges individuals face when dealing with insurance companies and government agencies. We are dedicated to helping people from all walks of life secure the disability insurance or government benefits they deserve. Speak with our ERISA lawyers today about your situation.
