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ARTICLE · 13 NOVEMBER 2019

Going Paperless: DOL Proposes New Electronic Disclosure Safe Harbor

Ogletree, Deakins, Nash, Smoak & Stewart
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In 2002, the DOL set the groundwork for electronic disclosure by establishing a safe harbor approach with certain conditions.

United StatesEmployment and HR
Stephanie C. Ng
Stephanie C. Ng
Jason Rothman
Jason Rothman
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On October 23, 2019, the U.S. Department of Labor (DOL) published proposed rules addressing default electronic disclosures by employee benefits plans under the Employee Retirement Income Security Act of 1974 (ERISA). In doing so, the DOL finally accounted for the evolving landscape of technology while balancing competing factors such as the effectiveness of the disclosures, the accessibility of electronic information to the workforce, and the costs involved in disseminating required information.

The 2002 Safe Harbor

In 2002, the DOL set the groundwork for electronic disclosure by establishing a safe harbor approach with certain conditions. The 2002 safe harbor is available only if

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