The Department of Labor’s Employee Benefits Security Administration (EBSA) released final rules on December 19, 2016 providing for enhanced standards for plans that make disability determinations (see Disability Determinations: New Enhanced Rules Are Coming (Benefit Beat, 1/5/17). These enhanced rules become applicable to all claims for disability benefits filed on or after January 1, 2018, and apply to any ERISA plan that makes a disability determination, including short and long term disability plans and retirement plans if such plan makes a disability determination.
On July 20, 2017, the DOL and EBSA submitted notice to the Office of Management and Budget indicating its intent to delay or amend these final rules due to questions of law and policy. The rationale for the delay or amendment is not publicly available at this time. In this interim, unless and until any amendment or delay is formally announced or put in place, plan sponsors are encouraged to review their current claims and appeal procedures to ensure compliance with the expanded rules.
The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.
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