Employer’s Hand-Delivery Process for Distributing SPDs Was Sufficient Under ERISA
December 8, 2009 | 3rd, ERISA, Plan Language | No CommentsDavis v. AK Steel Corp., 2009 WL 3853608 (W.D. Pa. 2009)
The trial court in this case found that an employer’s SPD hand-delivery process satisfied DOL regulations, which require that the process be reasonably calculated to ensure that recipients receive SPDs and likely to result in full distribution. The employer had denied an employee’s claim for LTD benefits on the grounds that the employee failed to apply within the plan’s required timeframe. The employee sued claiming, among other things, that he never received the plan’s SPD that would have informed him of the application deadline. Read more