Filing an ERISA Claim: Step-by-Step Guide Step 1: Review Your Plan. The first step in filing an ERISA claim is to review your disability insurance policy thoroughly. Step 2: Gather Evidence. Step 3: File Your Claim. Step 4: Wait for a Decision. Step 5: Appeal if Necessary.
Plans must meet minimum ERISA requirements The Department of Labor's Employee Benefits Security Administration currently oversees ERISA. Your retirement plan administrator should be able to tell you whether or not your retirement plan qualifies for ERISA.
Submit a Written Request You can send a formal letter or email to the plan administrator requesting specific documents. To ensure clarity, include the following details in your request: Your name and contact information; Your employee ID number (if applicable);
Check out your old W-2 tax forms; the forms will list the employer you had a retirement plan with that year. Use the information on your old W-2 to contact your plan sponsor, or old employer, directly to get your account information.
The National Registry of Unclaimed Retirement Benefits is a good place to start. By entering your Social Security number, you can quickly see if there are any unclaimed 401(k) funds that belong to you.
How to Locate a 401(k) From a Previous Job Contact previous employers. It may seem obvious, but one of the quickest ways to track down an old 401(k) plan is to go directly to the source. Review past W-2 tax forms. Check your mail. Search the National Registry. Search Form 5500 Directory. State unclaimed property.
Go to the U.S. Department of Labor's (DOL) website and try to locate the company's Form 5500 (the plan's required tax filing). The Form 5500 should have the plan administrator's contact information. Then you can contact the responsible party directly and ask about your retirement account.
A 401k is an ERISA qualified plan because it is a corporate defined-benefit plan and therefore employer-sponsored. The only time this isn't true is for employees who work for government agencies, religious institutions, or nonprofits. If your 401k is employer-sponsored, it's typically an ERISA plan.
Check Your Plan Documents: Review your Summary Plan Description (SPD) or other documents. ERISA plans must provide an SPD that clearly states they are an ERISA plan. Look at Employer Contributions: If your employer contributes to the plan or matches your contributions, it's likely an ERISA plan.