Is a multiemployer health plan required to have a plan document, spd, and trust agreement, under ERISA? Or, is an spd sufficient to meet the requirements of ERISA for health plans?

How would you establish rights, obligations, duties etc etc between the employers etc and scope of coverages to be provided etc without a Plan Document?

How would you establish the appointment, termination, duties, obligations, responsibilities of the Trustees and other parties without a Trust Agreement etc etc?

An SPD meets the requirements re the employees and nothing else.

So whether ERISA requires it or not should have nothing to do with the prudent need for such documents.

29USC1102 (a)(1) ERISA 402 states that evey employee benefit plan shall be established and maintained pursuant to a written agreement.

This refers to the PD etc and not to the SPD. This also refers to the Plan itself and not the underlying coverages which have their own requirements.

Thank you for your help.

I think a number of multis have started having a single document that serves as both the plan and the SPD for their welfare plans. This makes a good bit of sense because in many Circuits the SPD will control over the plan in any event and people have realized that you do not need to fill a plan with "legalese" (especially in the welfare context) to have a workable plan document.

However, these plans are typically funded through VEBAs and there should be a separate trust document.

Here is an interesting thread about the pros and cons of combining the plan document and spd





http://benefitslink.com/boards/index.php?showtopic=6025