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https://erisapros.com/faqs/spd-delivery-requirements/
DOL regulations are quite clear that merely placing copies of the SPD in a break room or posting it on an employer’s website or intranet does not necessarily satisfy this requirement because it was not affirmatively delivered to the participant. SPD ELECTRONIC DISTRIBUTION REQUIREMENTS
https://www.foley.com/en/insights/publications/2019/11/dol-modernize-erisa-electronic-disclosure-rules
The DOL acknowledged the effectiveness of electronic disclosure in reaching plan participants, citing both a 2015 study of the online habits of retirement plan participants indicating that 99% had internet access at home or work (with some 88% of the respondents reporting daily use of the internet), and a 2018 study concluding that 93% of households with defined contribution plan participants had access …
https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/retirement-plans-electronic-disclosure-safe-harbor-rule
Plan administrators must use delivery methods reasonably calculated to ensure actual receipt of the documents. The Department amended the general standards for delivery of required disclosures in 2002 by establishing a regulatory safe harbor for the use of electronic media (the 2002 safe harbor). See 29 CFR 2520.104b-1(c).
http://www.ebcflex.com/Menu/Resources/ComplianceBuzz/tabid/1140/ArticleID/377/When-Can-Employers-Use-Electronic-Delivery-of-Benefit-Plan-Documents.aspx
Sep 21, 2016 · The DOL safe harbor specifies that a written or electronic notice must be provided to participants each time a new electronic SPD is posted. The Bottom Line: Failure to follow the DOL electronic distribution rules can result in employer penalties. Employers who want to distribute benefit plan information electronically to plan participants can do so but should carefully review and follow the DOL safe harbor rules for electronic delivery …
https://www.erisapracticecenter.com/2019/10/guide-to-dols-new-notice-and-access-proposal-for-electronic-delivery/
Oct 30, 2019 · On October 23, 2019, the Department of Labor published a new proposed regulation that paves the way for “notice and access” electronic delivery of certain disclosures for retirement plans. The proposal is welcome news for plan sponsors and administrators who have been frustrated by the existing “opt-in” regime for electronic disclosure.
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.
https://news.leavitt.com/employee-benefits-compliance/electronic-disclosure-of-erisa-plan-communications/
Dec 06, 2012 · The Department of Labor (DOL) “safe harbor” rule for electronic distribution provides that if certain requirements are met, employers can send such communications to employees who have work-related computer access to the employer’s electronic information system, even if the employees have not given their prior consent to receive documents electronically.
https://www.shrm.org/ResourcesAndTools/hr-topics/benefits/Pages/Fees_e-disclosure.aspx
Nov 14, 2012 · DOL Offers More Guidance on Electronic Disclosure of 401(k) Fees ... which provided additional guidance regarding when and how electronic delivery can be …Author: Mcguirewoods LLC
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