Are retiree-only plans exempt from the requirements to have an unlimited lifetime maximum?
A509. Yes. Recent guidance indicates that self insured retiree only plans subject to ERISA are not subject to the lifetime maximum rule. Moreover, the regulators have said that they will not enforce the lifetime maximum requirements for other retiree only plans (e.g. insured plans or plans maintained by non-federal governmental entities). See Q 515 for more on which retiree plans may still be affected.
