As a benefits plan administrator you may have sent or may be thinking about sending your plan documents via email to all your eligible employees, or posting it on your company intranet. The ease of electronic delivery would certainly save time and money, but in doing so, it is important to make sure you are following the rule set forth by the Department of Labor.  

Electronic distribution of ERISA disclosures can be sent to employees if they can:

• Access documents furnished in electronic format at any location where the employee is reasonably expected to perform their duties; and
• Have access to their employer’s electronic information system as an integral part of those duties.

Delivering your plan document to employees who have access to a computer as part of their job falls within electronic deliver guidelines, but what about employees that don’t normally use a work computer?  The guidance suggests that a shared computer kiosk, which is allowed for many other purposes, is not sufficient for your ERISA document distribution.

In these cases, electronic delivery is still allowed, but the plan administrator has to obtain a written consent form signed by the employee prior to sending the ERISA disclosures. 

The consent form will need to include the following content:  

• The types of documents the consent will apply 
• That the consent may be withdrawn at any time
• Email address where the employee will be able to receive future announcements and/or documents if sent by email
• The procedures for withdrawing consent and updating the email address used for the receipt of documents furnished electronically
• The right to request and obtain a printed copy of any document free of charge 
• Any computer hardware or software required to access and retain the documents 

Electronic delivery is convenient, but it is important to follow the appropriate protocol when distributing the plan documents to all your eligible employees to avoid any compliance issues.

To read more about using email to distribute plan documents click on the link below: 

http://digital.benefitnews.com/benefitnews/may_2015?sub_id=VIvIH0WC7tP8#pg36

Fall River understands the importance of ERISA and delivering the essential documents to keep your organization’s benefits plan in compliance. For more information about the electronic distribution process, please feel free to This email address is being protected from spambots. You need JavaScript enabled to view it. Kristen, Tonya or Amy.