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ARTICLE · 11 NOVEMBER 2020

9th Circuit — ERISA: How "Wrap Documents" Can Satisfy ERISA Plan Requirements?

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You already know that ERISA imposes on employers the duty to provide a written plan document, and a Summary Plan Description (SPD)

United StatesEmployment and HR
Michael Reilly
Michael Reilly
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You already know that ERISA imposes on employers the duty to provide a written plan document, and a Summary Plan Description (SPD) which states key plan terms.

And... Supreme Court precedent is clear that Summary Plan Descriptions "do not themselves constitute the terms of the plan for purposes of [ERISA]." CIGNA Corp. v Amara, 663 U.S. 421, 438 (2011)(Emph. in original).

Many employers with group life, health and disability plans assume materials provided by an insurer satisfy ERISA requirements.

BUT materials provided by insurers or third party administrators may not satisfy ERISA requirements. The Plan can be at a big disadvantage without a written plan or SPD when participants/beneficiaries sue seeking benefits.

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