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https://www.foley.com/en/insights/publications/2019/11/dol-modernize-erisa-electronic-disclosure-rules
Under ERISA, plan sponsors must use delivery methods “reasonably calculated” to ensure Required Recipients actually receive required plan-related documents and information. 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.psafinancial.com/2017/03/electronically-distribute-erisa-required-documents/
Mar 01, 2017 · To be ERISA compliant and satisfy the safe harbor, the plan administrator must: provide the documents in a manner that in both form and substance is equivalent to... ensure that the method of electronic distribution results in actual delivery... provide notice through electronic means or in ...
https://www.federalregister.gov/documents/2019/10/23/2019-22901/default-electronic-disclosure-by-employee-pension-benefit-plans-under-erisa
Most recently, in its November 2017 report, the Advisory Council recommended that to ease burdens on plans and improve understandability for participants, an ideal disclosure protocol would implement both paper and electronic delivery. The ERISA Advisory Council, in the 2017 report, recommended electronic delivery because it can help participants better navigate and understand their benefits in …
https://www.pillsburylaw.com/images/content/1/3/v2/1364/D70B2C7DE04D9F2EF832561AC253B226.pdf
to the document under ERISA. • At the time that the electronic document is provided, an electronic or paper notice must be provided to the individual that describes the significance of the electronic document when it is not reasonably evident as transmitted (e.g., “the attached document describes changes in the benefits provided by the plan”).
https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/retirement-plans-electronic-disclosure-safe-harbor-rule
A plan administrator may not default a participant into electronic delivery without first notifying the participant by paper that some or all retirement documents will be furnished electronically to the electronic address, of the right to request and receive paper copies or to opt out of electronic delivery altogether, and of the procedures for exercising such rights.
https://www.erisadocuments.com/distribution/
If it is a new plan subject to ERISA, then the SPD must be provided within 120 days of the plan being adopted. If the plan is amended or changed in any way, a modified SPD must be provided to each participant every 5 years. If the plan is not altered, then a new SPD must be provided every 10 years.
https://erisapros.com/faqs/spd-delivery-requirements/
ERISA Pros Electronic Document Delivery Package – Employers wishing to deliver their SPDs (as well as Summary Annual Reports (SARs) and Summaries of Material Modifications (SMMs) electronically should consider using ERISA Pros’ proprietary Electronic Document Delivery Package. We provide a set of instructions, a checklist, fillable forms and emails, and a spreadsheet to monitor and document …
https://news.leavitt.com/employee-benefits-compliance/electronic-disclosure-of-erisa-plan-communications/
Dec 06, 2012 · The DOL regulations list the following examples of types of electronic media plan sponsors can use to deliver ERISA plan communications: e-mail, attachment to e-mail, posting on the plan sponsor’s website or Intranet, removable media such as a flash drive, CD-ROM, DVD or disk.
http://kbpensionservices.com/files/9513/7347/0030/A_Guide_to_Electronic_Delivery_of_Participant_Disclosure_Materials.pdf
electronic delivery methods. For example, a document may be sent in the text of an e-mail or as an attachment to an e-mail. A plan administrator may also send, via electronic or paper mail, a link to the required information on a website.
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