Delivery of SAR's

[cripp12]

I was told by Fidelity that I could email our SAR's to our employees but I would need delivery notification. With 1800 employees that could be trouble for me and our IT department. Even if I do that how could I make sure that they all receive it. Anyone have feedback on this matter.

Also, Do I need to have return receipt when I mail them out to our terminated employees. Thanks

[Bird]

The regs say that's an option, but note that if you get undelivered mail notices that's ok too, or doing a survey; see below. Don't let Fidelity get away with being lazy and/or cautious; press them on exactly what your options are.

© Disclosure through electronic

media. (1) Except as otherwise provided

by applicable law, rule or regulation, the

administrator of an employee benefit

plan furnishing documents through

electronic media is deemed to satisfy

the requirements of paragraph (b)(1) of

this section with respect to an

individual described in paragraph ©(2)

if:

(i) The administrator takes

appropriate and necessary measures

reasonably calculated to ensure that the

system for furnishing documents—

(A) Results in actual receipt of

transmitted information (e.g., using

return-receipt or notice of undelivered

electronic mail features, conducting

periodic reviews or surveys to confirm

receipt of the transmitted information)

[Guest jims]

I don't know how Bird can conclude getting undelivered mail notices is OK. The regs say "Results in actual receipt of transmitted information". If the message is undelivered, then it did not result in "actual receipt." What if every email came back undeliverable; you can't just ignore it and claim you delivered the SAR. You would need to follow up on all the undelivered mail notices, probably by using US mail for those folks.

I agree with Fidelity and you are correct that this is a great burden for you and your IT department. Fidelity is not being lazy - the electronic notice requirement is just very hard to use.

[Bird]

Sorry I didn't spell out what I thought was obvious - not that receiving an undelivered mail message is ok, but that if you use a system that gives such a message you could assume delivery was completed if you didn't get the message.

There are different ways to satisfy the requirements and Fidelity took the easy was out by telling their client that they had to get delivery receipt. I say that's lazy. In any event it's wrong.