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ARTICLE · 11 NOVEMBER 2020

ERISA: What Must Be In A Summary Plan Description For The "Average Plan Participant"?

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You know that ERISA requires the Summary Plan Description to explain eligibility clearly enough so that an "average plan participant" can understand it.

United StatesEmployment and HR
Michael Reilly
Michael Reilly
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You know that ERISA requires the Summary Plan Description to explain eligibility clearly enough so that an "average plan participant" can understand it.

So, who is an "average plan participant" and what is the standard for compliance with ERISA disclosure requirements?

Here's the recent case of Abrams v. Life Insurance Company of North America; UBS Financial Services, 2018 WL 1189181, __ Fed. Appx. __ (9th Cir. March 7, 2018). And...kudos to my friend Nicole Blohm and the team at Meserve for some nice work...

FACTS: Abrams claimed the claims administrator had improperly offset 50% of his earned wages from his ERISA-governed long term disability benefits. The plan contained a Work Incentive Benefit, described in the policy and the Summary Plan Description (SPD).  Abrams argued the policy and SPD failed ERISA disclosure requirements, and no offset should have been taken.

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