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.


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        To 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





































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                                                             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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