The DOL has issued proposed regulations that would establish a new, additional safe harbor for group health plan administrators to electronically furnish ERISA-required disclosures to participants and beneficiaries. The DOL established a similar “notice-and-access” safe harbor for pension benefit plans in 2020, allowing plan administrators to notify participants and beneficiaries about online disclosures, provide information on how to access them, and inform individuals of their rights to request paper copies or opt out completely. The proposed rule would add a new DOL Reg. § 2520.104b-32 that largely mirrors the 2020 pension safe harbor, while incorporating several modifications tailored to the group health plan context. Here are highlights:
- Covered Individuals and Documents.
- Notice of Internet Availability (NOIA).
- Paper Copies and Opt-Out Rights.
- Initial Notification.
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