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How To Request A Copy Of The Summary Plan Description And Other Plan Documents


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[This is more formal and gives you more legal backing in your request. This letter would be used if Letter #1 has been ignored or if other circumstances require you to request these documents more forcefully.]


John Doe, Vice President of Human Relations
John Smith Company
658 Main Street
Everywhere, USA

Dear John:

I am writing to again request copies of the Summary Plan Descriptions of all Employee Benefits Plans of which I am a participant. The plans include: health, dental, vision, long term disability, and life insurance. Although I requested them on XXXXX XX, 20XX, to date I have not received them. Attached is a copy of the original request.

It is my understanding that these plans are covered by the rules of ERISA (the federal Employee Retirement Income Security Act of 1974). According to that law, a Summary Plan Description for the plans must be provided to each participant within 90 days after he/she becomes a participant (ERISA section 104 (b)(1)), and at any future time requested by the participant (ERISA section 104(b)(4)).

I understand that there are severe penalties, criminal and civil, for failing to provide the Summary Plan Description at the scheduled time, or for willfully refusing to comply with the participant's request for another copy within 30 days after such request. However, I have no desire to cause you any legal problems. My goal is simply to receive the requested Summary Plan Descriptions.

Please send me the requested Summary Plan Descriptions at your earliest convenience. I look forward to receiving them prior to [insert a date that is 30 days from date of letter].

Very truly yours,

Harry Jones

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