Brown & Brown flags proposed DOL safe harbor for electronic delivery of ERISA group health plan disclosures
BRO•Brown & Brown summarizes proposed DOL electronic disclosure safe harbor
Brown & Brown summarized a July 22, 2026 Labor Department proposal to expand ERISA electronic disclosure safe harbor rules for employer group health plans.
The proposal would let plan sponsors post required disclosures on a website, then send a Notice of Internet Availability to participants.
It would require an initial electronic-delivery notice, free paper copies on request, opt-out rights, and steps to maintain access post-termination.
The approach would not apply to ERISA welfare benefit plans such as life or disability coverage.
Brown & Brown flagged potential liability protection if finalized, while advising plans not to rely on the safe harbor until rules are final.
