WHAT IF THERE IS AN EMPLOYER PLAN THAT HAS NEVER HAD AN SPD, AND NOW THEY HAVE NEW COVERAGE GOING INTO EFFECT? DO THEY COMPLY WITH THE 120 DAY TIMEFRAME FOR NEW SPDS TO BE DISTRIBUTED? WHAT ARE THE STEPS NECESSARY TO COMPLY WITH SPD DISCLOSURE REQUIREMENTS?

Even if a form SPD had not been issued, they most likely distributed some plan information regarding the carrier to the participants. It is possible that it was not sufficient to be a compliant SPD, and/or may be construed that way. We recommend distributing the new SPD as soon as possible and not relying on the 120 day time frame for future ERISA plans. If there happened to be a plan change, the new SPD could be considered a SMM, in which case the time frame is 210 days after the end of the plan year the changes took effect. If however it was a reduction in benefits, the summary must be distributed within 60 days of the change.