Notice Question

[Guest ZOLMAN71]

Is it a notice violation if my notice states a method of election which can not actually be used?(i.e, the form states that continuents can "elect by net," however, access to the eclect b net system is via intranet only and, therefore not available to terminated empliyees.)

[J Simmons]

Does the notice also describe how you may make the election other than elect-by-net, such as a printed election form being filled out, signed and mailed in?

If the notice describes a method that is open to you, hard to see how you are harmed because the notice describes a method that you cannot use as well as method that you can use.

[Guest Sieve]

If the "elect by net" approach is only allowable by intranet to which a terminated employee has no access, and if that is the only method mentioned in any communication, I would say that's a problem--assuming the terminated employee tried to elect other ways: e.g., calling the employer and asking about alternatives, mailing in an election, checking the SPD or Notice to see if alternative methods are described, etc. And, as John points out, don't focus on one unavailable alternative mentioned in the Notice if others methods also are available and/or mentioned--one alternative being unavailable to you doesn't poison the other available methods.