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Paper Distribution of Required Plan Disclosures
The Department of Labor (DOL) has established rules under ERISA concerning the distribution of various disclosures required by ERISA to employees and to participants and beneficiaries outside of the work place. These rules establish a safe harbor for both paper and electronic distribution of materials.
The Department of Labor regulations provide examples of acceptable distribution methods. These “safe harbors” are described below. Please note that these provisions must comply with requirements noted in each section.
If an employer distributes material by mail, it must ensure that its mailing list is comprehensive and up-to-date.
Employers may use the following mailing methods:
Intra-Office Mail
Insert to Company Publication
Materials may be provided as a special insert to a company publication provided that:
Although specified as a safe harbor delivery method, the regulations do not specify what constitutes hand delivery.
If an employer hand delivers material, it should be prepared to prove delivery, which may consist of:
Simply placing the material in a location that is frequented by eligible participants is NOT an acceptable method.
Reporting and Disclosure Guide for Employee Benefit Plans
Material contained in ComplianceDashboard is a compilation of generally published information by the Department of Labor and other public agencies regulating employee benefit plans and employee benefit issues. It is not legal advice, and should not be construed as legal advice. If legal advice or other professional assistance is or may be required with regard to any issues referenced in this website, the services of a competent legal or tax professional should be immediately sought. The inclusion of links within the ComplianceDashboard website is for informational purposes only. ComplianceDashboard does not warrant the accuracy of information outside this website that is found as a result of following links contained herein, nor does the inclusion of those links herein constitute endorsement of the content of any other website. If you have questions regarding this disclaimer, please contact us at 877-328-7880.