Mere Posting of SPD on Intranet Does Not Ensure Actual Receipt discusses Gertjejansen v. Kemper Ins. Co., 9th Cir. 2008 and how the Ninth Circuit Court of Appeals found that posting a summary plan description (SPD) was not sufficient to ensure that a participant actually received it:

In a case heard by the Ninth Circuit Court of Appeals, the court found that the administrator failed to show it properly furnished an employee with a copy of the employers disability plan SPD because the administrator "had submitted nothing on the record to suggest that the mere placement of an updated SPD on [the employer's] intranet site could ensure [the employee] would actually receive the information." As a result, for purposes of defending a claim for disability benefits, the administrator could not rely on language in the electronically posted SPD that unambiguously conferred on the administrator discretionary authority to determine eligibility for benefits and to construe the terms of the plan.

Failure To Furnish SPD Can Lead To Loss Of Deferential Standard Of Review discusses how the failure to ensure the participants actually received the information can have a bearing on the Standard of Review.

Electronic Media Related Links:

• T.D. 9294 - Use of Electronic Media for Providing Employee Benefit Notices and Making Employee Benefit Elections and Consents
• DOL Final Regulations - Final Rules Relating to Use of Electronic Communication and Recordkeeping Technologies by Employee Pension and Welfare Benefit Plans; Final Rule
• Comparison of IRS and DOL Electronic Media Rules

SPD Related Links:

• SPD Language Providing Less Plan Benefits Overrules Plan Document Language
• What a DOL Auditor is Looking For When Auditing an ESOP
• Conflicts Between the Plan Document and the Summary Plan Description (SPD)