"If the DOL adopts the proposed regulation, plan fiduciaries for ERISA pension benefits plans may have to think about a DOL rule that pushes plan sponsors to provide more electronic disclosures, and the Sulyma case which makes clear that just providing such disclosures is not enough for a participant to have 'actual knowledge' of the disclosure's contents. In the past, plan fiduciaries had to worry about participants receiving a paper disclosure in the mail and throwing it away without reading it. Today, plan administrators may need to worry about a participant who receives an e-mail Notice of Availability, but never opens the e-mail or clicks on the enclosed link." [Intel Corp. Investment Policy Comm. v. Sulyma, No. 18-1116 (S. Ct. Feb. 26, 2020)]  MORE >>