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Electronic Distribution of SPDs


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29 CFR § 2520.104b-1©

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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29 CFR § 2520.104b-1©

Many thanks! It's interesting to note that these rules apply not only to SPDs but to other legally required notices as well. However, it appears to be a very tough standard to meet. It almost seems easier to continue to provide SPDs and other notices the old-fashioned way.

Thank you.

pj

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Agreed. The Labor Regs stripped out the net advantage that the rest of society benefits from the electronic communication age.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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  • 6 years later...

I doubt that there is general usage. A large % of employees still do not have access to computers and the use of smartphones has not been quantified.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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Think "intranet".

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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The electronic-delivery rule works well with a workforce organized around knowledge work or office work. For those, it's often so that every employee has an employer-provided desktop computer and is required to use it regularly as an essential part of his or her work. (I have clients that send paper only to the few former employees who have not yet taken a distribution.)

For some other workforces, it might be feasible to sort deliveries between e-mail deliveries for current employees who are office workers; and paper deliveries for employees who do not use computers as an “integral” part of one’s work, and for former employees, beneficiaries, and alternate payees.

Is anyone experimenting with allocating the expense of paper delivery to those who receive it, while recording the consents of those who will take electronic delivery to avoid the incremental charge?

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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