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ARTICLE · 16 DECEMBER 2011

DOL Clarifies Electronic Fee Disclosure Guidance

Morgan Lewis
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The U.S. Department of Labor’s revised and restated interim policy release answers questions regarding the use of electronic media to satisfy participant-level fee disclosure requirements.

United StatesEmployment and HR
Morgan Lewis & Bockius LLP'S Employee Benefits Practice
Morgan Lewis & Bockius LLP'S Employee Benefits Practice

The U.S. Department of Labor's revised and restated interim policy release answers questions regarding the use of electronic media to satisfy participant-level fee disclosure requirements.

In September 2011, the U.S. Department of Labor (DOL) provided interim guidance, in the form of a temporary enforcement policy, detailing how the newly required disclosures for participant-directed retirement plans could be delivered in electronic form.1 This guidance, Technical Release 2011-03, raised a number of questions. DOL has now provided some clarification by revising and restating its prior release as Technical Release 2011-03R.2 The revised release addresses two specific points relating to the use of continuous-access websites for disclosure purposes:

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