DOL Proposes New Electronic Disclosure Rules for Plan Sponsors

As a reminder, ERISA requires employer plan sponsors/administrators to deliver ERISA required documents and other notices (hereinafter referred to collectively as “covered documents 1 ”) to plan participants and beneficiaries in a manner “reasonably calculated to ensure actual receipt.” Two safe harbor rules under ERISA exist that would allow an employer to deliver these required documents through electronic means. The first safe harbor released in 2002 applied to both pension/retirement plans and group health plans, only allowing ERISA required documents to be furnished electronically to plan