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https://www2.ascensus.com/news/industry-regulatory-news/2019/10/24/dol-proposed-electronic-delivery-regulations-published-in-federal-register/
Oct 24, 2019 · Participants and beneficiaries could, however, request the information in paper form, and opt out of electronic delivery altogether. This guidance also contains a DOL request-for-information (RFI) seeking input on additional changes to the “design, delivery and content” of ERISA benefit plan disclosures, changes that could “further improve the effectiveness of ERISA disclosures.”
https://www.dol.gov/newsroom/releases/ebsa/ebsa20191022
The order explicitly directed the Department to explore the potential for broader use of electronic delivery as a way to improve disclosures’ effectiveness. The Department used its delegated authority under the Employee Retirement Income Security Act of 1974 in developing the rule.
https://www.erisapracticecenter.com/2019/10/guide-to-dols-new-notice-and-access-proposal-for-electronic-delivery/
Oct 30, 2019 · An existing DOL safe harbor provides that this obligation may be satisfied by electronic delivery only if the participant has work-related computer access (such as a computer at their desk) or the participant affirmatively consents to receive notices electronically; that safe harbor has detailed requirements for the consent to be valid.
https://www.foley.com/en/insights/publications/2019/11/dol-modernize-erisa-electronic-disclosure-rules
Regulations issued by the DOL in 2002 provided plan sponsors with an optional, “safe harbor” electronic delivery method (the “2002 Safe Harbor”) they could use to satisfy ERISA’s delivery requirements.
https://www.pillsburylaw.com/images/content/1/3/v2/1364/D70B2C7DE04D9F2EF832561AC253B226.pdf
10656707v3 1. DOL Finalizes Rules for Electronic Delivery of Documents and Information Under ERISA By Henry A. Hernandez The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires that employers provide certain information and documents to benefit plan participants and beneficiaries.File Size: 114KB
https://www.mercer.com/our-thinking/law-and-policy-group/dol-proposes-new-electronic-delivery-rule-for-retirement-plan-notices.html
The DOL proposal includes certain prerequisites for use of the new e-delivery safe harbor; specifies the timing, content and delivery methods for electronic notices; permits combining certain disclosures into a single notice; and sets standards for the website that will house required disclosures.
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