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The 'Calculated to Be Understood by the Average Plan Participant' Standard: How Well Do DOL Regs Measure Up?
Davis Wright Tremaine LLP 
Oct. 28, 2019 "[If] a document presented on a website has a Flesch Reading Ease score of at least 60, the DOL will deem it to be understandable by the average plan participant.... [The authors] ran the Flesch Reading Ease test on the DOL's new proposed regulations ... The DOL scored 14.2. (A score of 0 to 30 is rated 'very difficult.') Perhaps the message here is that if the DOL wants employers to simplify disclosures, the DOL should first write shorter, simpler regulations." MORE >> |
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