The IRS has issued final rules that govern how plan administrators may use electronic media to provide various required notices. New Treasury Regulation section 1.401(a)-21 implements provisions in the Electronic Signatures in Global and National Commerce Act (E-SIGN) that require electronic records and signatures to be given the same legal effect as their paper equivalents. The new regulation applied to notices provided and participant elections made on or after January 1, 2007.
The new rules apply to certain communications made through a web site, e-mail, or telephone (IVR). These communications include most notices and elections made under:
-
Tax qualified 401(a), 403(b), and SIMPLE retirement plans;
-
IRAs, including Roth IRAs under Code section 408A;
-
Accident or health plans under Code section 104(a)(3) or 105;
-
Code Section 125 Cafeteria Plans;
-
Educational Assistance programs under Section 127;
-
Qualified Transportation Fringe Benefit plans under Code section 132; and
-
Health Savings Accounts under Code section 223.
For the full text of the guidance, click here.
