Where can you get more information about QJSA and QPSA rights?

ERISA and the Internal Revenue Code prescribe detailed rules regarding the QJSA and QPSA rights. You may wish to obtain from the Internal Revenue Service publications on survivor annuities.

These rules reflect the law in effect for participants who completed an hour of service (or paid leave) on or after August 23, 1984. ERISA's survivor annuity rules are different if you are the surviving spouse of a participant who left employment before that date.

Making A Benefits Claim And Filing Suit Under ERISA

This section outlines how and under what circumstances you can make a benefit claim. It tells you what appeal procedures to follow if your claim for benefits is denied and describes your rights to pursue a lawsuit. The following questions are addressed:

• How do you file a claim for benefits?
• What do you do if your claim is denied?
• May you sue the plan?
• What are the grounds for legal action?

How do you make a claim for benefits?

Under ERISA you have a responsibility to file a claim for benefits due under your plan. ERISA requires all plans to have a reasonable written procedure for processing your claim for benefits and for appealing if your claim is denied. The summary plan description should contain a description of your plan's claims procedure. If you believe you are entitled to a benefit from a retirement plan, but your plan fails to set up a claims procedure, you may present the claim to the plan administrator.

If your claim for benefits is denied, the plan must notify you in writing - generally within 90 days after receipt of the claim - of the reasons for the denial and the specific plan provisions on which the denial is based. If the plan denies your claim because the administrator needs more information to make a decision, the administrator must tell you what information is needed. Any notice of denial must also tell you how to file an appeal. If special circumstances require your plan to take more time to examine your request, it must tell you within 90 days that additional time is needed, why it is needed, and the date by which the plan expects to make a final decision. If you receive no answer at all in 90 days, this is treated the same as a denial, and you can proceed to appeal.