Claims procedures in plan documents

P/OPINION 75-126


                                                              503


                         January 8, 1975


Dear           :

This is in response to your letter of December 12, 1974,
in which you inquired whether the document pursuant to
which an employee benefit plan subject to Title I of the
Employee Retirement Income Security Act of 1974 (ERISA) is
established and maintained must include the claims procedure
required under section 503 of the ERISA and under 29 CFR Part
2560, 39 FR 42242 (as proposed on December 4, 1974) if such
procedures are included in the plan description and summary plan
description.

Section 503 of the ERISA requires every employee benefit
plan subject to Title I of the ERISA to provide plan
participants and beneficiaries whose claims for benefits
have been denied, adequate written notice of the denial
and to afford them a reasonable opportunity for a full
and fair review. The proposed 29 CFR Part 2560 establishes
minimum standards for compliance with section 503. Neither
section 503 nor proposed Part 2560 requires that these
claims procedures be included in the written instrument
pursuant to which, under ERISA section 402 (b), an employee
benefit plan subject to Title I of the ERISA must be
established and maintained, but these provisions do require
such procedures to be included in the plan description and
summary plan description.

Sincerely,