Proposed Delay - Enhanced Disability Claim Rules (article)
About a year ago, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued final rules providing for enhanced standards for plans that make disability determinations (see Disability Determinations: New Enhanced Rules Are Coming, Benefit Beat, 1/5/17). These rules 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. The rules were to become applicable to all claims for disability benefits filed on or after January 1, 2018.
Then this summer, the DOL signaled that it was intending to perhaps delay or amend these final rules due to questions of law and policy (see Possible Delay or Amendments to Enhanced Disability Claim Rules, Benefit Beat, 9/11/17).
On October 12, 2017, the DOL formally released a proposed 90-day delay of the effective date for implementation of these enhanced claim rules. Comments on the proposed delay were to be received by October 27, 2017. If this proposal is finalized, the enhanced claim rules would become applicable to claims for disability benefits that are filed after April 1, 2018, rather than January 1, 2018.
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