Extension of Certain Timelines: As reported in the Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024
The Employee Benefits Security Administration, Department of Labor, Internal Revenue Service, and Department of the Treasury (the Agencies) are extending certain timeframes otherwise applicable to group health plans, disability, and other plans in order to ensure that claimants in disaster areas are not further adversely affected by Hurricane Helene, Tropical Storm Helene, and Hurricane Milton with respect to their employee benefit plans.
Claim Action Requirements:
- Plans must disregard the relevant relief periods when calculating the deadlines for (1) the filing of a benefit claim and/or (2) the filing of an appeal of an adverse benefit determination, as applicable.
Relief Guidelines: Am I eligible for more time?
Yes.
- If you lived, worked, or resided in a disaster designated area.
- If you are covered under a plan where the principal place of business of employers that employ more than 50 percent of the active participants are covered by the plan.
- The office of the plan or the plan administrator; or the office of the primary recordkeeper serving the plan, was located in one of the disaster areas.
- For disaster areas in Florida designated as eligible for Individual Assistance by FEMA because of the devastation caused by Hurricane Helene, the period beginning on September 23, 2024, and ending on May 1, 2025. For disaster areas in Florida not designated as eligible for Individual Assistance by FEMA because of the devastation caused by Hurricane Helene (but designated as eligible for Individual Assistance by FEMA because of the devastation caused by Hurricane Milton), the period beginning October 5, 2024, and ending on May 1, 2025.
For disaster areas in Georgia designated as eligible for Individual Assistance by FEMA because of the devastation caused by Hurricane Helene, the period beginning on September 24, 2024, and ending on May 1, 2025.
For disaster areas in North Carolina, South Carolina, and Virginia designated as eligible for Individual Assistance by FEMA because of the devastation caused by Hurricane Helene or Tropical Storm Helene, the period beginning on September 25, 2024, and ending on May 1, 2025.
For disaster areas in Tennessee designated as eligible for Individual Assistance by FEMA because of the devastation caused by Tropical Storm Helene, the period beginning on September 26, 2024, and ending on May 1, 2025.
Disability Plan Example:
- Individual E Resides in Gulf County, Florida and received a notification of an adverse benefit determination from Individual E’s disability plan on August 28, 2024. The notification advised Individual E that there are 180 days within which to file an appeal.
What is Individual E’s appeal deadline? When determining the 180-day period within which Individual E’s appeal must be filed, the Relief Period is disregarded. Therefore, Individual E’s last day to submit an appeal is 154 days (180—26 days 10 following August 28 to September 23) after May 1, 2025, which is October 2, 2025.
Contact Us:
If you are unable to appeal timely due to the impacts of Hurricane Helene, Tropical Storm Helene, and or Hurricane Milton and reside in FL, GA, NC, SC, VA or TN, please contact your designated ability analyst/handler or call 888-277-4767.
Click here to review the posted federal notice.