WASHINGTON – In response to the severe impacts of Hurricane Helene and Hurricane Milton, the U.S. Department of Labor has taken decisive action by issuing comprehensive guidance aimed at providing crucial relief for participants, beneficiaries, and employee benefit plans affected by these natural disasters.
The department acknowledges the multitude of challenges faced by plan participants and their families as a result of these catastrophic events. From meeting looming deadlines for job-based retirement plans to accessing health benefits, individuals are grappling with significant stress. Additionally, it recognizes the difficulties that plan sponsors, fiduciaries, employers, and service providers encounter in their efforts to comply with the Employee Retirement Income Security Act (ERISA), all while striving to support those impacted by the hurricanes. This newly released guidance is intended to assist benefit plans in addressing the urgent needs of those affected by these devastating events.
“We must continue to safeguard the benefits of America’s workers and their families while ensuring that employers and other plan sponsors have the flexibility needed to continue delivering benefits during this challenging time,” expressed Assistant Secretary for Employee Benefits Security Lisa M. Gomez, highlighting the department’s commitment to supporting the workforce.
In a concerted effort with the Department of the Treasury and Internal Revenue Service, the department has issued a joint notice that extends vital time frames for participants and beneficiaries to exercise their rights concerning healthcare coverage. This includes the continuation of group health plan coverage under COBRA. Furthermore, the notice allows additional time for plan administrators to provide the necessary COBRA election notices, thereby offering plan participants and beneficiaries affected by these disasters more opportunities to file and complete benefit claims, appeal denied claims, and make critical decisions related to their health and retirement benefits. Importantly, this notice will be published in the Federal Register, ensuring its widespread accessibility.
The department is also rolling out a set of Frequently Asked Questions that focuses on health and retirement benefit issues specifically tailored for those impacted by the storms. This resource aims to equip plan participants, beneficiaries, plan sponsors, and employers with essential information regarding their rights and responsibilities under ERISA during this pivotal recovery period.
As efforts to rebuild continue, the department will remain vigilant and actively monitor the situation, ready to assist those affected by these calamities. Individuals seeking further information can reach out to EBSA Benefit Advisors by calling (866) 444-3272 or visiting askebsa.dol.gov, putting them in touch with the support they need.
