In Hartman v. Dana Holding Corp., (N.D. IN, 10/21/13) 1:12-CV-445, the court assessed penalties of $4,470 against an ERISA plan for refusing to provide historical documents requested by the plaintiff. The applicable documents related to the deceased’s “survivor annuity” and were in effect 1979. The ERISA plan refused to comply with plaintiff’s request on the basis that part of the language of 29 U.S.C. 1024(b)(4) encompasses “latest updated summary, summary plan description, and the latest annual report.” But, the court rejected that argument stating,
But § 1024(b)(4) also requires that a plan administrator furnish “other instruments under which the plan was established or operated.”
And also stating,
Here, the 1979 Plan document and SPD are critical to Mrs. Hartman’s understanding of her rights and eligibility. These documents control not only whether the Plan required spousal consent to elect against a survivor annuity in 1979, but also what fiduciary duties the Plan owed to Mr. Hartman before he made his election.
ERISA plans are often difficult to deal with, so it is important to put them on the defensive by requesting plan documents when the plan asserts a subrogaton or reimbursement claim in a personal injury case by requesting all documents within the scope of 29 U.S.C. 1024(b)(4), which provides:
“The administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary plan description, and the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies.”