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ARTICLE · 11 NOVEMBER 2020

ERISA: How Missing An Appeal Decision Deadline Can Change Policy Terms

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It's that time of year again… when you may see ERISA plans amending policies or plans— during the time employees are receiving benefits

United StatesEmployment and HR
Michael Reilly
Michael Reilly
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It's that time of year again... when you may see ERISA plans amending policies or plans— during the time employees are receiving benefits. 

Employers have the right to amend long term disability plans at any time, and to apply the amended version even to employees receiving benefits under the original plan.

But which policy applies during a lawsuit? The policy in effect when the ERISA cause of action accrued.

And "accrual" can occur when the claims administrator fails to render an appeal decision by the deadline prescribed in the ERISA regulations.  

Here's the case of Vaccaro v. Liberty Life Assurance Company of Boston, 2017 WL 5564910 (N.D. Cal. November 20, 2017)("The ERISA cause of action accrued upon the expiration of Liberty's June 8, 2016 deadline to issue an appeal decision.")

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