White Paper

Disability Claims Procedure Rules Changed to Require Plan Updates

 
In the midst of the holiday season, the Department of Labor (DOL) quietly released final regulations modifying the claims procedures for ERISA plans that provide disability benefits. At first blush, the modified rules appear to only impact disability benefit plans; however, other ERISA plans providing disability benefits, including non-qualified deferred compensation arrangements, may also be subject to these regulatory changes. In response, ERISA plan sponsors will need to review claim procedure language to determine whether updates are required. Such language may be present in the plan document, summary plan descriptions, or as standalone documents.

There are two effective dates relevant under these regulations.

January 18, 2017: The technical effective date of the regulations is January 18, 2017. Minor regulatory changes (identified below) apply to disability claims filed during a transition period beginning after the January 18, 2017 effective date and extending through December 31, 2017.

January 1, 2018: The remaining changes implemented under the regulation apply beginning January 1, 2018.

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Carrie E. Byrnes crafts practical solutions to complex problems without overlooking technical details. Her practice focuses exclusively on employee benefits and executive compensation law, representing employers – large and small, public and private, for-profit and tax-exempt – in developing, maintaining, and sometimes terminating their benefits, compensation programs, and policies.

Kirk A. Pelikan’s practice focuses on legal issues related to all aspects of the employment cycle, from hiring through termination and severance. Substantially experienced in both benefits and employment law, He is well positioned to help clients respond to the opportunities, vulnerabilities and benefit ramifications of particular employment decisions.

Faculty

Kirk A. Pelikan

Michael Best & Friedrich LLP

Agenda

Faculty

Kirk A. Pelikan

Michael Best & Friedrich LLP

Kirk A. Pelikan is an attorney with the law firm of Simandl & Murray, S.C. His practice focuses on benefits, employment counseling, immigration and affirmative action programs and policies. He also advises clients on OSHA compliance issues, including on-site investigations, compliance, policy development and representation on citation abatement. Mr. Pelikan received his J.D. degree from Marquette University Law School and his B.A. degree in history and political science from Marquette University. He is admitted to practice in the state and federal courts of Wisconsin, and the U.S. Court of Appeals for the 7th Circuit. Mr. Pelikan is a member of the American Bar Association and the Milwaukee Bar Association.

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