The Department of Labor (DOL) published a rule delaying the effective date of regulations (Final Rule) amending claims procedures for ERISA benefit plans that provide disability benefits.


The Final Rule was originally intended to be effective Jan. 18, 2017, but the department delayed its applicability until Jan. 1, 2018, in order to provide adequate time for disability benefit plans and their affected service providers to adjust to it.

The revised claims procedures, which are similar to those that apply to group health plans and include expanded disclosure and translation obligations, were originally scheduled to become effective on Jan.1, 2018. This new rule delays that effective date for ninety (90) days, until April 1, 2018.

The delay is because, at least in part, of President Trump’s Executive Order 13777 which directed agencies to review existing regulations and consult with affected entities in working to reduce regulatory burdens on the American people. To that end, the DOL is accepting comments until Dec. 11, 2017 as part of a 60-day comment period based upon the original notice of delayed applicability.

For PrimePay ERISA clients:

PrimePay’s ERISA documents already address the requirements for claims procedures as they apply to disability benefit plans and are not impacted by the delayed effective date. We continue to follow this issue in order to ensure that our plan documents remain compliant in a constantly evolving legal landscape.

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