Distribution of SPDs

[Guest Chuck Stoll]

I am looking for information regarding the distribution of SPDs and SMMs. Specifically, I would like to know if such material can be distributed electronically. My company's population can be divided into salaried employees, who currently have access to an online benefits library (all salaried employees have a computer terminal at their desk), and hourly employees who are mailed their material because not all hourly employees have a terminal at their work area. Indeed, we post material for salaried employees to review or print and do not distribute. Can we post hourly material electronically as well and avoid the mailing, or must we continue to distribute the material individually?

[oriecat]

Yes, regulations were issued that allowed electronic SPDs. Do a google search for that term and you'll find lots of articles discussing it and pointing to the regs.

Here's one to get you started:

http://www.mellon.com/hris/pdf/fyi_11_12_02b.pdf

[Kirk Maldonado]

Chuck Stoll:

My recollection is that the regs answer all of your questions.

[GBurns]

As noted in the link given and in the Regs. since it is known that the hourly employees do not have access to a computer terminal etc, electronic delivery would not be an acceptable method since, for one thing, you cannot ensure receipt.

[JDuns]

Well, electronic delivery may be acceptable for a subset of the hourly employees if you follow the procedure to get their authorization for such delivery. Generally more trouble than its worth, but a possibility.

[GBurns]

Permission or authorization would only be applicable to the "Privacy Notice" section and any personal information.

Although you could get employee permission regarding the "Privacy" portion, electronic delivery would still have to meet the "Safeguard" requirements which as per the article, include making the disclosure at a location (computer terminal) where the employee is reasonably expected to perform his/her duties and where access to the electronic IS is an integral part of those duties. IMHO the actual Regs are more restrictive than the article.

The OP stated that not all hourly even have a computer terminal, and it is questionable as to how many (or how few) would meet the "Safeguard" requirements even with a computer terminal.

If you do a subset of the hourly and the only qualifier is acceptable access to a computer terminal, I would think that that could raise discrimination/class issues based on disparate/preferential treatment. It also creates another avenue for error.