electronic distribution of SPD's

[TPApril]

I'm just curious what large plan sponsors do when it comes time to provide an updated SPD, or the SPD for a new FSA provider.  Since electronic distribution remains opt-in for welfare benefits, do most plans print them out?

[Brian Gilmore]

Just a reminder that electronic distribution is not necessarily opt-in.  There are safe harbor and non-safe harbor ways to use electronic distribution by default.

Here's an overview: 

 

See slide 8 here for more details: 2021 ABD ERISA for Employers Guide.

 

[TPApril]

Getting back to you, somewhat belatedly.

Upon review, I feel like the H&W safe harbor is actually easier than the updated retirement plan electronic distribution regulations.

[TPApril]

Looking over electronic distribution safe harbor guidelines for H&W plans, I cannot seem to determine if the initial notice regarding electronic disclosure of notices needs to be sent before the first Notice Regarding electronic disclosure along with the first such participant notice, so as to give participants time to opt out.

I'm thinking they can be sent together.