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Are there rules on how the ERISA SPD should be distributed to employees?

YES - SPD Delivery requirements: An SPD should be delivered to Participants within 90 days after they become covered or within 30 days of request. For a new Plan, the SPD must be distributed within 120 days after the Plan is established. An updated SPD must be furnished to all covered participants every 5 years and every 10 years even if the SPD has not changed. An SPD is required regardless of how many participants are covered. An employer should be prepared to prove that it furnished the SPD in a way that "reasonably calculated to ensure actual receipt," using a method "likely to result in full distribution." Acceptable methods of delivery include: first-class mail, hand-delivery, and electronically, if the employees have access to computers in the workplace and can print a copy easily. DOL regulations are quite clear that merely placing copies of the SPD in a break room or posting the SPD on an employer's website or intranet does not necessarily satisfy this requirement because it was not affirmatively delivered to the Participant.

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