SPD - Duty to disclose

[tja]

Is anyone aware of any authority that would support  a view that a defined benefit multiemployer pension plan could exclude retirees from a mass distribution of an updated SPD?   Even though the language in 29 CFR section 2520.104b-2 is somewhat inconsistent, it appears that retirees in pay status are not excluded from a mass distribution of an updated SPD.

[CuseFan]

Just had this conversation with a colleague but in the context of a single employer plan, so not sure if requirements are the same. Yes, you generally must provide updated SPD to all participants but there is an alternative manner of compliance with respect to deferred vested and retired participants. If you had provided them with the latest SPD and subsequent SMMs at the time of separation or commencement, then you can provide them with a notice that the SPD has been updated, and they can request a copy (at no charge), but that their benefits were determined on the basis of the terms as presented in the prior version of the SPD/SMMs which they received. See 2520.104b-4 Alternative methods of compliance for furnishing the summary plan description
and summaries of material modifications of a pension plan to a retired
participant, a separated participant with vested benefits, and a beneficiary
receiving benefits

[Dbie Johnson]

All eligible employees, former employees with a balance and beneficiaries with a balance are subject to required notice regs.