How Do I File an ERISA Claim? Different types of claims have different procedures.Defendants state the Transition Pay Plan constitutes an employee welfare benefit plan under ERISA, 29 U.S.C. § 1002(1). Aetna is a fiduciary under the Employee Retirement Insurance Security Act. ("ERISA"). Aetna owes ERISA-imposed fiduciary duties to Kraft Heinz. The steps outlined below describe some of your plan's obligations and briefly explain the procedures and timelines for filing a claim for retirement benefits. ERISA requires denied claimants to start with an administrative appeal directly with the insurance company. Working on paperwork with our comprehensive and intuitive PDF editor is simple. For example, you can submit a complaint to the Department of Labor's Employee Benefits Security Administration (EBSA), which oversees ERISA compliance. Representative about a sample "ERISA wrapper template.