,,ii #aaeth ,,congress #b;d ,session ,s4 #cgie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ai1 #bjah,mr4 ,brown 7for himself1 ,mr4 ,enzi1 ,mr4 ,peters1 ,mr4 ,portman1 ,mr4 ,isakson1 and ,mr4 ,jones7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,employee ,retirement and ,income ,security ,act of #aigd and the ,internal ,revenue ,code of #aihf to provide for the electronic delivery of pension plan information4 #a4 ,short title ,this ,act may be cited as the ,receiving ,electronic ,statements ,to ,improve ,retiree ,earnings ,act4 #b4 ,electronic communication of pension plan information 7a7 ,amendments to ,employee ,retirement ,income ,security ,act of #aigd 7#a7 ,in general ,part #a of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajba et seq47 is amended by adding at the end the following3 #aab4 ,electronic communication of pension plan information ,a document of any type that is required under this title to be furnished to a plan participant1 beneficiary1 or other individual with respect to a pension plan may be furnished in electronic form if-- 7#a7 the system for furnishing such a document-- 7,a7 is designed to result in effective access to the document by the participant1 beneficiary1 or other specified individual through electronic means1 including-- 7i7 the direct delivery of material to an electronic address of such participant1 beneficiary1 or individual1 7ii7 the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant1 beneficiary1 or individual1 but only if proper notice of the posting has been provided 7which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material71 and 7iii7 other electronic means reasonably calculated to ensure actual receipt of the material by such participant1 beneficiary1 or individual1 7,b7 permits the participant1 beneficiary1 or other individual to select among the specific electronic means made available through which such a document shall be furnished1 to modify that selection at any time1 or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual1 and 7,c7 protects the confidentiality of personal information relating to such participant's1 beneficiary's1 or individual's accounts and benefits1 7#b7 an annual paper notice is provided to each participant1 beneficiary1 or other individual that describes-- 7,a7 the selection of the specific electronic means for the furnishing of such documents made by the participant1 beneficiary1 or other individual under paragraph 7#a77;,b7 in effect at the time of the provision of the notice1 7,b7 the right to modify the selection at any time1 or to elect at any time to receive paper versions of documents at no additional direct cost1 and how to make such an election1 and 7,c7 if applicable1 the election made by the participant1 beneficiary1 or other individual under paragraph 7#a77;,b7 to be furnished paper versions of such documents1 and 7#c7 the electronically furnished document-- 7,a7 is prepared and furnished in a manner that is consistent with the style1 format1 and content requirements applicable to the particular document1 and 7,b7 includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted4 ,for purposes of this section1 the term document includes reports1 statements1 notices1 notifications1 and other information4 4 7#b7 ,conforming amendment ,the table of contents in section #a of such ,act 7#bi ,u4,s4,c4 #ajja note7 is amended by inserting after the item relating to section #aaa the following3 #aab4 ,electronic communication of pension plan information4 4 7b7 ,amendment to ,internal ,revenue ,code of #aihf ,section #dad of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7aa7 ,electronic communication of pension plan information ,a document of any type that is required under this title to be furnished to a plan participant1 beneficiary1 or other individual with respect to a plan to which this subchapter or section #deg applies may be furnished in electronic form if-- 7#a7 the system for furnishing such a document-- 7,a7 is designed to result in effective access to the document by the participant1 beneficiary1 or other specified individual through electronic means1 including-- 7i7 the direct delivery of material to an electronic address of such participant1 beneficiary1 or individual1 7ii7 the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant1 beneficiary1 or individual1 but only if proper notice of the posting has been provided 7which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material71 and 7iii7 other electronic means reasonably calculated to ensure actual receipt of the material by such participant1 beneficiary1 or individual1 7,b7 permits the participant1 beneficiary1 or other individual to select among the specific electronic means made available through which such a document shall be furnished1 to modify that selection at any time1 or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual1 and 7,c7 protects the confidentiality of personal information relating to such participant's1 beneficiary's1 or individual's accounts and benefits1 7#b7 an annual paper notice is provided to each participant1 beneficiary1 or other individual that describes-- 7,a7 the selection of the specific electronic means for the furnishing of such documents made by the participant1 beneficiary1 or other individual under paragraph 7#a77;,b7 in effect at the time of the provision of the notice1 7,b7 the right to modify the selection at any time1 or to elect at any time to receive paper versions of documents at no additional direct cost1 and how to make such an election1 and 7,c7 if applicable1 the election made by the participant1 beneficiary1 or other individual under paragraph 7#a77;,b7 to be furnished paper versions of such documents1 and 7#c7 the electronically furnished document-- 7,a7 is prepared and furnished in a manner that is consistent with the style1 format1 and content requirements applicable to the particular document1 and 7,b7 includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted4 ,for purposes of this subsection1 the term #8document' includes reports1 statements1 notices1 notifications1 and other information4 4 7c7 ,protection of existing methods ,nothing in the amendments made by this section shall be construed to prohibit-- 7#a7 the furnishing of documents by electronic means under any law or under any regulations or guidance prescribed by the ,secretary of ,labor or the ,secretary of the ,treasury 7referred to in this subsection as the ,secretaries7 prior to the date of the enactment of this ,act2 or 7#b7 the ,secretaries from prescribing additional methods for furnishing documents as the ,secretaries deem necessary or appropriate4 7d7 ,effective date ,the amendments made by this section shall apply with respect to documents furnished with respect to plan years beginning after ,december #ca1 #bjah4