Build a death-benefit claim file from the plan papers
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Collect the designation, the plan's death-benefit clause, the date of death and the claimant's relationship as the papers state them. Do not decide the claim or a payout period.
- What the lawyer must review
- Start with the designation made under the plan's procedures. The IRS beneficiary page distinguishes deaths in 2020 or later. An eligible designated beneficiary on that page is a spouse, a minor child, a disabled or chronically ill individual, or an individual not more than 10 years younger than the employee. A designated beneficiary who is not in that group follows the 10-year rule. The page also says the account must be emptied by the end of the tenth year after the year of death where that rule applies. Do not decide which rule applies. The plan administrator decides the claim under the plan, and 29 U.S.C. § 1104 requires the fiduciary to follow the plan documents insofar as they are consistent with ERISA. Opinion 512: the file list is not the determination.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.