We have had revisions done to our SPD and per DOL request we are to provide to each member of our insurance fund. I sent this exact request to the DOL who confirmed it was an acceptable way of delivering, but Due to they do not give legal advice that we had to speak w/ fund counsil to confirm
It meets standards outlined in link below.
Explanation of approach(taken from
Email sent):
In leui of sending a 28 page document via usps to ensure every plan participant had an updated copy of the Summary Plan Description as it has changed recently we were interested in an alternative acceptable form of delivery as in pricing this out to 2500 people using our mailing service cost $8450. An alternative for us which would save significant revenue is to send to each member a 1 page letter instead on letterhead which contained a url to that exact document, very clear description on what it is and how to view, and additionally a QR code that took them to their exact Summary Plan Description online where they could view/print/download/etc, and also a phone number where they can call and we can email or send entire document on request. This would save about $6100 on that mailer.
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The dol said this was acceptable for them assuming the Plan believes that it meets the requirements of Section (c) "Disclosure Through Electronic Media" of our Regulations (available here: 29 CFR § 2520.104b-1 - Disclosure.).
The only part me as a Tech professional and a non attorney wanted to endure was we do not have consent to send electronically…. But i do not believe that is relevant as we are not contacting anyone electronically, we are only provided information telling them they can get electronically or via usps or email if they prefer and links and contacts for each.
Would legal opinion be this approach is kosher to meet standards of above requirements on link? Our fund attorney has Not provided legal opinion.
Thanks
It meets standards outlined in link below.
Explanation of approach(taken from
Email sent):
In leui of sending a 28 page document via usps to ensure every plan participant had an updated copy of the Summary Plan Description as it has changed recently we were interested in an alternative acceptable form of delivery as in pricing this out to 2500 people using our mailing service cost $8450. An alternative for us which would save significant revenue is to send to each member a 1 page letter instead on letterhead which contained a url to that exact document, very clear description on what it is and how to view, and additionally a QR code that took them to their exact Summary Plan Description online where they could view/print/download/etc, and also a phone number where they can call and we can email or send entire document on request. This would save about $6100 on that mailer.
****
The dol said this was acceptable for them assuming the Plan believes that it meets the requirements of Section (c) "Disclosure Through Electronic Media" of our Regulations (available here: 29 CFR § 2520.104b-1 - Disclosure.).
The only part me as a Tech professional and a non attorney wanted to endure was we do not have consent to send electronically…. But i do not believe that is relevant as we are not contacting anyone electronically, we are only provided information telling them they can get electronically or via usps or email if they prefer and links and contacts for each.
Would legal opinion be this approach is kosher to meet standards of above requirements on link? Our fund attorney has Not provided legal opinion.
Thanks