Jump to content

404(c) compliance: duties to non-english speaking participants?

Recommended Posts

Is there any guidance on the duties owed to non-english speaking participants in order to comply with 404©? Even if there is no guidance, any thoughts on whether one would fail to comply with 404© if a prospectus is supplied in English to a non-English speaking participant?

In our situation, the employer wants to comply with 404©and has a few employees who only speak Spanish. The employer does not want to go to the expense of having each prospectus printed in Spanish. Any thoughts or experiences in this area?

Link to comment
Share on other sites

  • 2 weeks later...
Guest Jose Rosario

Beth, although I am unaware of any foreign language requirement under 404©, I think you'd be well served to provide the Spanish speaking participants with a Notice in Spanish similar to the Notice that is required for SPDs under DOL Reg. S. 2520.102-2©. Its a pretty simple Notice; it cannot hurt to provide it regardless of whether the Employee population meets

the 10%/500 Employee threshholds under the Reg. You may want to see if there are Spanish reps and/or prospectuses available, also.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Create New...