Amwins Connect - April 2025 Question of the Month

Amwins Connect – April 2025 Question of the Month

Questions

1. Who must receive Summary Plan Documents (SPDs) for ERISA Health and Welfare Plans? 
2. When must the SPD be provided? 

Answers 

Answer to Question 1 - All participants covered under the ERISA health and welfare plans are to receive SPDs. Participants are not only ‘current employees’. The term participant includes any employee or former employee who is or may become eligible for benefits under the plan or whose beneficiaries may be eligible for benefits. Categories of individuals that would receive the SPD: 

• Plan participants 
• Beneficiaries receiving benefits 
• Employees or former employees covered under the plan 
• COBRA Qualified Beneficiaries 
• Alternate recipients under Qualified Medical Child Support Order 
• Spouses or other dependents of deceased participants 
• Representatives or guardians of incapacitated persons 

Answer to Question 2 - The SPD must be provided: 

• To participants within 90 days of becoming covered by the plan; 
• To beneficiaries within 90 days after first receiving benefits 
• The plan has 120 days after becoming subject to ERISA to distribute the SPD. 

Resources 

• Department of Labor Reporting and Disclosure Guide for Employee Benefit Plans 
• Plan Information | U.S. Department of Labor 
• Amwins Connect - Webinar Replay - Plan Documents  

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