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Posted

Can someone tell me if DOL has ever defined what "furnish" means as related to the requirement to furnish an SPD to each participant.

Specifically, I am interested in any insight where an employer has alerted participants that an SPD exists in certain location of the office, but has never distributed indivdually to a participant. Can this example be viewed as "furnished?"

Appreciate any input.

Posted

See DOL reg. http://www.dol.gov/dol/allcfr/ebsa/Title_2...0/Subpart_F.htm

2520.104b-10 addresses the SPD. Paragraph (a) refers to 2520.104b-1. I read the latter as requiring a copy by sent or provided to each affected participant. Note the reference to "actual receipt" in the first paragraph of (b) and to "the mail" in second paragraph of (b).

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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