Summary
Since your health condition makes it likely that you will be filing claims under your employer's health and other plans, it's important to have the most up- to-date information about the various Plans that apply to you so you can play by the rules and make sure your employer is doing the same.
If you can't locate your Plan booklets, or if you want to make sure you have the most current ones, you can request them at any time.
It is preferable that all requests for documentation about your Plans be in writing.
Below are two sample letters requesting Summary Plan Descriptions. Modify them to fit your situation. Letter #1 is a more casual, less threatening request, which we encourage you to use initially. If it doesn't get the information you're entitled to in a timely fashion, try letter #2. Both letters should either be hand delivered or sent in such a manner that you get proof of receipt (e.g. Overnight courier, or U.S. Mail, Return Receipt Requested).
Letter #1
Date
John Doe, Vice President of Human Relations
John Smith Company
658 Main Street
Everywhere, USA
Dear John:
I am writing to request copies of the Summary Plan Descriptions of the various plans of which I am a part including the health plan, dental plan, vision plan, long term disability plan, and group life insurance.
While I may have received copies of these documents when I was first hired, I have misplaced my copies -- plus I want to make sure that I have current descriptions of coverage.
I understand that there is a federal law that gives me a right to such material.
Thank you for your prompt attention to this request.
Very truly yours,
Harry Jones
Letter#2
[This is more formal and gives you more legal backing in your request. This letter would be used if Letter #1 has been ignored or if other circumstances require you to request these documents more forcefully.]
Date
John Doe, Vice President of Human Relations
John Smith Company
658 Main Street
Everywhere, USA
Dear John:
I am writing to again request copies of the Summary Plan Descriptions of all Employee Benefits Plans of which I am a participant. The plans include: health, dental, vision, long term disability, and life insurance. Although I requested them on XXXXX XX, 20XX, to date I have not received them. Attached is a copy of the original request.
It is my understanding that these plans are covered by the rules of ERISA (the federal Employee Retirement Income Security Act of 1974). According to that law, a Summary Plan Description for the plans must be provided to each participant within 90 days after he/she becomes a participant (ERISA section 104 (b)(1)), and at any future time requested by the participant (ERISA section 104(b)(4)).
I understand that there are severe penalties, criminal and civil, for failing to provide the Summary Plan Description at the scheduled time, or for willfully refusing to comply with the participant's request for another copy within 30 days after such request. However, I have no desire to cause you any legal problems. My goal is simply to receive the requested Summary Plan Descriptions.
Please send me the requested Summary Plan Descriptions at your earliest convenience. I look forward to receiving them prior to [insert a date that is 30 days from date of letter].
Very truly yours,
Harry Jones
