Are employers required to provide each participant in the plan a copy of the SAR? (i.e. paper copy for each person) Or can it be posted along with workplace posters? From what I read of the regulations, it appears that each person should receive their own paper copy (or it seems it can be done electronically as well now). My main issue is that I was told that it could be posted and I don't think that is right.... but I'm not sure. Also, is there anything requiring it be mailed? Or can it be handed out at the workplace?

Thanks in advance for your help- it is greatly appreciated!

Rachel Diederich

It can't be posted, it has to be delivered to participants. That is generally done with a paper copy, but it can be electronic if it complies with the DOL's regulations on "use of electronic technologies by employee pension and welfare benefit plans." The latter allows electronic copies to be delivered to employees who use company computers as part of their job. Employees without computers and former employees can only get electronic copies if the additional consent requirements, etc. are met.

There is nothing requiromg it to be mailed. "For example, in-hand delivery to an employee at his or her worksite is acceptable." People unavailable at the worksite, such as terminated participants entitled to a copy, must receive their copy by mail (unless you meet the electronic exception).

What you may have heard somebody else say is that the SAR can be included in a union or company publication. That is true, but only if the regs are adhered to. In this respect the front page of the publication must have a prominent notice indicating that the SAR is included. The reg is somewhat vague about how the SAR is to be included. It references an "insert" implying that it must be on a page that is separable from the publication itself. I'm not sure that is a requirement that is enforced, though, as i've seen SAR's included as part of the publication itself, rather than as an insert.

Anyway, see 2520.104b-1(B)(1).