DISTRIBUTING DOCUMENTS array of ERISA documents, the rule is only directly applicable to SBCs. Helpfully, the rule notes that SBCs may be distributed in a manner that meets the previous safe-harbor rule for ERISA documents. Last year, the DOL published a new fi nal rule intended to modernize the safe harbor. Unfortunately, this new rule applies only to retirement plan documen-tation. For the moment, health and wel-fare plans must continue to rely on the 2002 safe harbor. OUTLINE OF THE DOL’S 2002 SAFE HARBOR Here is a summary of the electronic distri-bution safe harbor that currently applies to health and welfare plans: • Electronically delivered documents must be provided in a manner “reasonably calculated to ensure . . . actual receipt of transmitted information.” (Email delivery receipts and undeliverable notices are off ered as examples.) • Th e recipients’ confi dentiality must be protected. • Th e documents’ appearance must be “consistent with the style, format and content requirements applicable to the particular document.” • Materials must be actively distributed by providing notice to each recipient, in electronic or other formats, of the “signif-icance of the document” and the right to request and receive a paper copy. Electronic distribution, as described above, may be used when the recipient has work-related computer access. If individuals who do not have work-related computer access give affi rmative consent, employers can provide electronic distribution. Th e recipient can provide affi rmative consent in an “electronic or non-electronic form.” Before consenting, the individual must be provided with a “clear and conspic-uous statement,” including:  the types of documents to be received  that consent may be withdrawn at any time and without charge  the procedures for withdrawing consent or updating the recipient’s contact information  the availability of paper copies of the documents  any computer hardware or soft ware requirements for “accessing and retaining the documents” Th e full text of the fi nal rule that outlines the 2002 safe harbor is available at https:// bit.ly/3nf6Noc. Th e full text of the 2012 SBC distribution safe-harbor rule is available here: https://bit.ly/39cjXxn. Derek Ashton provides compliance support to brokers and consultants, develops solutions to help employers comply with tax codes, and directs the daily activities of Medcom’s Health and Welfare Compliance Division. In addition to his Certifi ed Employee Benefi t Specialist designation, he has earned the Compensation Management Specialist and Group Benefi ts Associate certifi cations from the International Foundation of Employee Benefi t Plans. PRODUCT NEWS off ered to all of BAN’s 120+ member fi rms nationwide. Th e new concierge-level advo-cacy service app off ers a one-stop solution for employee benefi t needs, serving as a hub with links to member plan informa-tion, health portals, lab values, physician contacts and pricing information, among other services. Benezon’s technology and support helps plan members understand and utilize their health plans while enabling employers to im-prove productivity and employee retention. “Th ere continues to be unprecedented regulatory, fi nancial and competitive dis-ruption in the healthcare industry, putting Continued from page 19 BAN AND BENEZON PARTNERTO ENCOURAGE EMPLOYEE ENGAGEMENT Benefi t Advisors Network, a national network of independent employee benefi t fi rms, has created a strategic partnership with Benezon, a technology company with a mission to promote employee engagement into their benefi ts. Under the terms of the partnership, Benezon’s new Benefi ts Mobile App will be more and more strain on the employers,” says Julian Lago, president of Benezon. “Our technology is the ultimate solution to streamline healthcare costs and maximize employees’ time. Understanding healthcare and benefi ts continues to be a key issue for employees across the nation, which is why we are proud to be able to off er tools that improve employee satisfaction while delivering peace of mind to employees and their families—something we consider priceless.” 22 ABS | benefitspecialistmagazine.com
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