New Benefit Communications Protocol After Supreme Court Intel Ruling

On February 26, 2020, the US Supreme Court ruled in Intel Corporation Investment Policy Committee v Sulyma that under ERISA a plan participant “must have ‘actual knowledge’ of the information contained in required disclosures he receives but does not read or cannot recall reading.”

Responding to this unanimous decision of the Court, a new benefit communication technique has been added to plan administrators’ repertoire.