Which Plan Documents Must You Surrender If You Are Sued?

When participants believe they have been mistreated by your company's retirement plan and take their complaints to court, be prepared for requests for plan documents. Although under ERISA you are obligated to produce relevant materials, you are not required to indulge in a document fishing expedition. A recent court case, Theriot v. Building Trades United Pension Trust Fund, offers insights on just how far you need to go and where to draw the line.

ERISA requirements

ERISA requires administrators, on a participant's or beneficiary's written request, to furnish a copy of:

• The latest summary plan description;
• The most recent annual report;
• Any terminal report; and
• The bargaining agreement, trust agreement, contract or "other instruments under which the plan is established and operated."