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Live Webinar

90-minute live streaming program
  • December 3
  • 1:00 - 2:30 pm EST

Electronic Disclosure under ERISA: How to Effectively Use Technology without Sacrificing Compliance

December 3

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.

Learning Objectives

  • You will be able to describe the IRS and DOL requirements necessary to electronically distribute ERISA disclosures.
  • You will be able to explain why certain common practices such as the use of website postings do not meet the requirements.
  • You will be able to identify employees who can receive electronic ERISA disclosures without providing affirmative consent.
  • You will be able to recognize electronic ERISA disclosures that meet the IRS and DOL requirements.

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Why Lorman?

Over 32 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 32 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

Live Webinar Registration

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for human resource managers, benefits administrators, payroll managers, plan administrators, controllers, CFOs, finance directors, presidents, vice presidents, business and office managers, and attorneys.

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Why Lorman?

Over 32 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

Tonie Bitseff

Buchalter

  • Member of the Corporate Law and the Labor & Employment Practice Groups in Buchalter’s Seattle office
  • Over 20 years of experience serving as ERISA counsel to employee benefit plans and employers
  • Addresses 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
  • Assists clients with design, diligence review, internal audits, benefit outsourcing, vendor management, coverage issues, ERISA fiduciary liability, ERISA claims and appeals processes, and government audits
  • She serves as ERISA counsel supporting contract negotiations and business transactions such as mergers and acquisitions
  • 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 206-319-7042 or [email protected]
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Why Lorman?

Over 32 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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Product ID: 406730
Published 2019
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