DOL Request for Information on Electronic Delivery of Disclosures

July 25, 2011

The Department of Labor conducted a Request for Information in the spring of 2011 regarding electronic disclosure by employee benefit plans.

Existing regulations take a restrictive approach to the use of electronic means of communication, providing “safe harbor” for recipients of such communications who either affirmatively consented to electronic delivery or have the ability to access electronic documents at work through their employer’s system as an integral part of their duties.

In recent years the DOL has crafted a number of rule-specific exceptions that allow for paperless plan administration outside of the safe harbor. The RFI signals that the DOL will review and possibly modify its existing regulations regarding the use of electronic media to furnish required notices, statements and other information under ERISA.