Is there a right of appeal under ERISA with respect to QDROs?
A-43: Pursuant to §503 of ERISA, every employee benefit plan must provide adequate notice in written to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for the denial and written in a manner calculated to be understood by the participant. Further, if a claim for benefits has been denied, the plan must afford to any participant whose claim for benefits has been denied a reasonable opportunity for a full an fair review by an appropriate named fiduciary of the plan. Department of Labor Regulations §2560.501-1(g) contains appeal procedures which must be established and maintained by every employee benefit plan. One school of thought argues that the claim appeal process should not be applicable to a participant and an alternate payee when benefits are distributed pursuant to the terms of a qualified domestic relations order, According to IRC §414(p)(6), in the case of any domestic relations order received by a plan,
Related Questions
- Under the Will of the Testator, a beneficiary was granted a right to reside. What happens to the land tax liability in respect of that land?
- What are the obligations of an insurer in notifying a consumer of their right to an appeal of cancellation or non-renewal?
- Surely there must be a right of appeal against a Penalty Charge notice?
