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ARTICLE · 20 NOVEMBER 2019

DOL Takes Steps To Modernize ERISA's Electronic Disclosure Rules

One of our clients' most common questions is: "Do we really need to mail or hand-deliver this summary plan description ("SPD")/investment information/other plan-related...

United StatesEmployment and HR

One of our clients’ most common questions is:  “Do we really need to mail or hand-deliver this summary plan description (“SPD”)/investment information/other plan-related document to our participants? Can’t we just email it to them or put it on our website?”  Our answer to this question is usually that time-tested, lawyerly gem: “It depends.”  

The 2002 Safe Harbor

General Requirements.  The 2002 Safe Harbor is only available to plan sponsors meeting certain general requirements regarding the provision of electronically-delivered documents.

Application.  If the general requirements are satisfied, the 2002 Safe Harbor permits electronic delivery to two types of Required Recipients: 

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