If retirement benefits are denied, all retirement plans must provide a reasonable explanation and a report on the progress.

A detailed Summary Plan Description (SPD) must specify the status of the retirement plan.

In most cases, if you prepare the necessary documents and submit them to the retirement plan administrator, the administrator will provide the benefit information.

Submitting Requests and Appeal Procedures

If retirement benefits are denied or there are related issues, you must first verify the procedure for receiving retirement benefits. According to the law, the request and appeal procedures for retirement benefits are as follows:

  • You will receive results within 90 days after submitting the request, and if an extension is notified, it may take up to 180 days.
  • If the retirement plan denies the request, it must provide the reason for denial in writing along with guidance on the appeal process.
  • After receiving a notice of denial, you can review the relevant documents within 60 days and proceed with the appeal based on the retirement plan procedures.
  • It may take up to 60 days to receive results on the appeal, and if an extension is notified, an additional 60 days may be required. After that, the results of the appeal will be communicated in writing.
  • If the appeal is denied, the reasons for denial must be clearly stated in writing, and guidance on further appeal procedures or legal remedies will be provided.

If the Appeal is Denied

If the appeal is denied but you believe there is no issue with ERISA policy, you may seek legal advice. For more information on ERISA rights, you can visit the U.S. Department of Labor website (askebsa.dol.gov) or call 1-866-444-3272.

Additional information on appeal procedures can be found in the U.S. Department of Labor's publication on retirement benefit claims. This publication can be downloaded from the U.S. Department of Labor website or obtained by calling 1-866-444-3272.