Gain a better understanding of how to use technology while staying compliant under ERISA.
The IRS and the Department of Labor allow electronic communications such as email and web-postings to satisfy ERISA disclosure requirements, which offers a cost savings for benefit plans. Most benefit plans take advantage of technology to satisfy mandatory disclosure requirements, but many administrators are not aware of the specific rules that apply to these disclosures. Benefit plans that do not follow these rules are unknowingly out of compliance. The level of risk and exposure depends on the type of disclosure violation. Many requirements carry a potential penalty of $110 per day, but penalties are not the only concern. For example, failure to provide a summary plan description could result in an inability to enforce limitations and restrictions. Under certain circumstances, this could result in claims worth many thousands of dollars. The basic rules are fairly simple and worth taking the time to learn.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
General Requirements
- The Department of Labor and the IRS Outline General Requirements for Electronic Disclosure
- First, the Fiduciary Must Provide Access Instructions and the Opportunity for a Paper Copy on Request
- Second, the Posted Notice Must Meet Applicable Content and Timing Requirements, Protect Individuals' Account and Benefit Confidentiality, and Identify the Subject Matter and Its Significance
Two Types of Electronic Disclosure
- Beyond the General Requirements, There Are Two Distinct Types of Electronic Disclosures and Certain Consent Requirements Depending on the Type of Disclosure
- All Other Disclosures Require Affirmative Consent at Specific Times After Required Notices Have Been Provided
Consent Requirements
- Informed Consent Requires Advanced Detailed Notice
- Consent Must Demonstrate the Ability to Access the Electronic Medium
- Consent Becomes Invalid If Technology or Access Changes
Case Studies
- Kiosks
- Cobra Notices
- Websites
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 19, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Tonie Bitseff
UMWA Health & Retirement Funds
- Assistance General Counsel, United Mine Workers of America Health and Retirement Funds
- Over 20 years of experience serving as ERISA counsel to employee benefit plans and employers
- Experience identifying legal issues in design, implementation, administration, corrections, and conflict resolution related to health plans, severance plans, life insurance, disability benefits, wellness plans, 125 plans, individual account plans (HSAs, FSAs, and HRAs), retirement plans, and other forms of compensation
- Experience addressing legal issues in performing diligence reviews, internal audits, benefits outsourcing, vendor management, ERISA fiduciary liability, ERISA claims and appeals processes, and government audits
- LL.M. degree in taxation, University of Washington School of Law; J.D. degree, Seattle University School of Law; B.A. degree in speech communications, University of Washington
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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