US Department of Labor announces guidance, relief for employee benefit plans, participants, beneficiaries affected by hurricanes Helene, Milton

WASHINGTON – The U.S. Department of Labor has issued guidance and provided relief for participants and beneficiaries and employee benefit plans affected by Hurricane Helene and by Hurricane Milton.

The department recognizes that plan participants and their families affected by these disasters are facing many challenges, including the ability to meet certain deadlines required by their job-based retirement, health and other benefit plans to access benefits. The department also understands plan sponsors, fiduciaries, employers and other service providers may face challenges complying with their obligations under the Employee Retirement Income Security Act as they work to support participants and beneficiaries in these areas. This guidance will help benefit plans meet the needs of those affected by those disasters.

“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,” said Assistant Secretary for Employee Benefits Security Lisa M. Gomez.

Joined by the Department of the Treasury and Internal Revenue Service, the department issued a joint notice extending certain time frames for participants and beneficiaries to exercise their rights to healthcare coverage, and continuation of group health plan coverage under COBRA. The notice also extends the timeframe for plan administrators to provide a COBRA election notice. The notice gives plan participants and beneficiaries affected by these disasters more time to file and complete benefit claims, appeal denied claims and make important decisions about their health coverage and retirement and other benefits. The notice will be published in the Federal Register. 

The department is also extending deadlines for plan officials in areas disrupted by the storms to provide benefit statements, annual funding notices and other ERISA-required documents, as long as they make a good faith effort to issue them as soon as administratively practicable. Read EBSA Disaster Relief Notice 2024-01 for more information, including compliance assistance on plan loans, participant contributions and loan repayments, blackout notices, Form 5500 and Form M-1 filing relief, and other ERISA-related issues. 

The department is also issuing a set of Frequently Asked Questions on health and retirement benefit issues for those affected by the storms. This resource helps plan participants, beneficiaries, plan sponsors and employers understand their rights and responsibilities under ERISA.

As recovery efforts continue, the department will continue to monitor the situation. Those affected by these disasters can contact EBSA Benefit Advisors for additional information at (866) 444-3272 or visit askebsa.dol.gov.