Summary of Electronic Delivery Regulations:
On May 21, 2020, the Department of Labor (DOL) issued a final regulation allowing employers to delivery certain ERISA required documents and disclosures electronically. The new rule provides the ability to default participants into electronic delivery (eDelivery) after sending an Initial Notice of Electronic Delivery in paper form. Documents and disclosures can then be posted on a website, if a Notification of Internet Availability (NOIA) is furnished electronically to participants when the document is made available, or in the body of the email, or as an attachment. The expansion of electronic accessibility not only helps to satisfy regulatory disclosure requirements, but also allows participants to receive communications in the digital manner they’ve come to expect.
Read the full details of the 2020 DOL Final Rule on Disclosures here: DOL Final Rule on Disclosure through Electronic Media.pdf
Up until the ruling issued in May 2020, the regulations around eDelivery of documents and disclosures fell under the DOL Ruling issued on April 9, 2002. This rule made eDelivery available for participants who:
- Are “wired at work,” using email as an “integral part” of their work-related duties; or
- Provided an email address and affirmatively consented to receiving electronic disclosures
It is important to note that a Plan Sponsor can still rely on the 2002 ruling.
Read the full details of the 2002 eDelivery safe harbor here: Electronic Delivery of Required Notices and Disclosures.pdf
What is Sentinel doing to support eDelivery for our clients?
Our eDelivery solution includes the following:
- Sentinel enrolls participants in eDelivery by providing them with a hard copy Initial Notice of Electronic Delivery. The Initial Notice will be mailed to their home address on file.
- Participants can manage their email preferences or opt out of eDelivery through their retirement account login at sentinelgroup.com.
- Participants enrolled in eDelivery will receive notices and disclosures at their preferred email address. The email notification will include instructions for accessing the notice. Notices may also be included in the body of the email or as an attachment.
- Participants who do not have an email address or who have opted our of eDelivery will receive notices and disclosures by mail.
- Reporting of Participants who are eligible for eDelivery, those who are not and those who have opted out are available through your Plan Consultant.
Cost of eDelivery:
- Emailed Notices & Disclosures: No charge.
- Initial Notice of Electronic Delivery: $2:00 each
- Mailed Notices & Disclosures:
Number of EEs Less than 100 100 - 250 250 - 500 500+ Cost per package* $5.95 $4.95 $3.95 $2.95
- *cost does no include postage which is calculated on weight
- The cost per package may vary depending on the number of pages included in the mailing. The cost per package above is based on a standard annual notice package mailing.
Interested in our eDelivery solution? Talk to your Plan Consultant or Sign up here to get started.