WHO CREATES A SUMMARY PLAN DESCRIPTION (SPD) OR PLAN DOCUMENT?

The employer or “plan sponsor” is ultimately responsible for establishing the written Summary Plan Description or plan document for its employees. The Fiduciary or plan administrator is generally responsible for administering the plan and ensuring that the provisions contained within are properly enforced. While a third-party administrator, insurance carrier, consultant, law firm, or other outside vendor may prepare the Plan Document or SPD, it is generally created by the insurance carrier, third party administrator, attorney, or other outside vendor; ultimate responsibility of its enforcement and accuracy remains on the Plan Sponsor.