The old "wired at work" electronic disclosure

[Belgarath]

If the disclosure method is only for ACTIVE EMPLOYEES (paper copy to all others) who all have a company e-mail address and accessing it is an integral part of their duties, etc., etc., is the initial notice of electronic delivery required to be in paper format, or can that initial notice also be sent electronically via e-mail? Some confusion on this - it appears that it could be via e-mail rather than paper?

[RatherBeGolfing]

1 hour ago, Belgarath said:

is the initial notice of electronic delivery required to be in paper format, or can that initial notice also be sent electronically via e-mail? Some confusion on this - it appears that it could be via e-mail rather than paper?

Email is fine.  It is only the 2020 safe harbor that requires the initial notice to be paper.

[Peter Gulia]

Under that rule, there is no condition for an advance notice about the presumed means of communication. The rule’s conceit is that a worker will see the communication because “access to the employer’s or plan sponsor’s electronic information system is an integral part of [his or her duties as an employee][.]” 29 C.F.R. § 2520.104b-1(c)(2)(i)(B), referring to 29 C.F.R. § 2520.104b-1(c)(2)(i)(A).

Further, the rule’s conditions include that “[n]otice is provided to each participant . . . , in electronic or non-electronic form, at the time a document is furnished electronically, that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted ([for example], the attached document describes changes in the benefits provided by your plan)[,] and of the right to request and obtain a paper version of such document[.]” 29 C.F.R. § 2520.104b-1(c)(1)(iii). I like to include in an email’s subject line some expressions to show that the communication is about the participant’s retirement, health, or other employee benefits, and why one should open and read the email.

For the whole of the wired-at-work (or affirmative-consent) rule, 29 C.F.R. § 2520.104b-1(c) https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XXV/subchapter-C/part-2520/subpart-F/section-2520.104b-1#p-2520.104b-1(c).

[Belgarath]

Great, thanks.