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ARTICLE · 29 OCTOBER 2019

New Electronic Delivery Proposal Announced

Participants and beneficiaries will have the option to opt out of electronic delivery and elect to receive the disclosures in paper form.

United StatesEmployment and HR

The Employee Benefits Security Administration of the Department of Labor (the "DOL") announced today, that tomorrow it will be publishing information regarding a new "safe harbor" that ERISA plan administrators can use for providing certain required disclosures through electronic media. If the proposal is adopted, it would allow plan administrators to notify participants and beneficiaries that certain disclosures may be found online. This would greatly enhance the efficiency of ERISA disclosures and reduce the expenses to employers for paper mailings.

Rather than sending lengthy paper documents through the mail, the new safe harbor would allow plan administrators to post legal disclosures on a website and notify plan participants and beneficiaries that the information is available on the website, including instructions on how to access the disclosures and their right to receive paper copies of the disclosures. The proposal includes standards for the website where the

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