JUL 12, 1996 The Honorable Ernest F. Hollings United States Senate 125 Russell Office Building Washington, D.C.

20510-4002 Dear Senator Hollings: This letter responds to your inquiry on behalf of your constituent, Mr. XX , concerning coverage of a 401k plan under the Americans with Disabilities Act of 1990 (ADA). We apologize for the delay in our response. Mr. XX letter indicates that he has a hearing impairment that prevents him from telephonically making changes to his 401k account. He further indicates that the company managing the account does not respond to his written requests for account changes. If Mr. XX 401k account is a fringe benefit of his employment, it may be covered under title I of the ADA. Title I prohibits employers from discriminating on the basis of disability in employment matters, including fringe benefits and insurance. Title I requires employers to make reasonable accommodations to ensure that employees with disabilities have equal opportunities to participate in fringe benefit programs with non-disabled employees. A reasonable accommodation in the situation Mr. XX describes might involve altering account access procedures to allow written changes rather than telephonic ones for an individual with a hearing impairment. Mr. XX employer may not escape its obligation to provide reasonable accommodation by contracting with another entity, such as CIGNA, to provide or manage its fringe benefits. The employer must ensure that the necessary reasonable accommodations are provided, either by the contractor or by the employer itself. cc: Records Chrono Wodatch Hill McDowney FOIA Berger N:\UDD\HILLE\POLICYLT\HOLLINGS.XX \secy. johnson

01-04298 -2To pursue a complaint under title I of the ADA, Mr. XX may write to: Mr. Godfrey Dudley, Director, Field Management Programs-East, Equal Employment Opportunity Commission, 1801 L Street, N.W., Washington, D.C. 20507 I hope this information will be helpful to you when responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division

01-04299 XX XX XX N. CHARLESTON, SC XX SEN. ERNEST F. HOLLINGS SR-125 WASHINGTON, DC 20510-4002 SIR: I HAVE COME ACROSS A PROBLEM THAT I THINK WOULD BE OF INTEREST TO YOU. IT CONCERNS MY 401K PLAN MY EMPLOYER HAS CONTRACTED IT TO CONNECTICUT GENERAL LIFE INSURANCE COMPANY KNOWN AS C I G N A. MY EMPLOYER'S MAIN RESPONSIBILITY IS TO MAKE THE REQUIRED SALARY DEFERRAL CONTRIBUTIONS AS INDICATED BY ME. CIGNA HOLDS THE FUNDS IN THE VARIOUS ACCOUNTS THAT I HAVE CHOSEN FROM THEIR PROSPECTUS. THE PROSPECTUS

STATES THAT I CAN MAKE CHANGES AS THE MARKET FLUCTUATES BY THE USE OF THEIR 800 PHONE NUMBER. NOW THIS IS WHERE THE PROBLEM STARTS, I'AM HARD OF HEARING. SOMETIMES I CAN HEAR AND SOMETIMES I CAN'T. SEVERAL TIMES I TRIED TO USE THE PHONE BUT I JUST COULD NOT HEAR WELL ENOUGH. SO I WROTE A LETTER TO C I G N A EXPLAINING MY PROBLEM TO THEM, TWO LETTERS AND AS OF THIS DAY I HAVE NOT GOTTEN AN ANSWER. I KNOW THERE WAS A DISABILITY LAW THAT WAS PASS, I BELIVED SOMETIME IN 1994. IF C I G N A IS NOT ANSWERING TO A CLIENTS PROBLEM, ARE THEY BREAKING THE LAW? IF NOT I FEEL THE DISABILITY LAW COULD USE SOME REVISIONS. SINCERELY YOURS XX

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