As ERISA litigators, we have a lot of experience observing all the things that can go wrong in the administrative process. Unfortunately. The good news is that you can learn from the mistakes we’ve seen. The most important thing is to make sure your company has a sound administrative process in place. Courts are reluctant to second guess them, but a process deemed deficient can place a company in a very uncomfortable position in litigation. Below we list five tips every company should consider to ensure that its administrative process is as fair and defensible as possible.
- Examine Your Process For Dealing With Participant/Beneficiary Requests
One potential mistake is failing to have a process for consistently and reliably responding to participant requests for plan information. Addressing this process is important because plan administrators can be subject to a variety of legal obligations that require the production of certain plan documents and related materials upon an employee’s request. To improve this process, you might consider identifying a person or office that will have responsibility for responding, and putting in place procedures that funnel all requests to this responsible party. The process might also include documenting key events, like when the request is received, when a response is sent, and whether the request is made in connection with a pending administrative appeal.
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