I 
115TH CONGRESS 
1ST SESSION H. R. 4610 
To amend the Employee Retirement and Income Security Act of 1974 and 
the Internal Revenue Code of 1986 to provide for the electronic delivery 
of pension plan information. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2017 
Mr. POLIS (for himself, Mr. ROE of Tennessee, Mr. KIND, Mr. KELLY of 
Pennsylvania, Mr. ALLEN, Ms. BLUNT ROCHESTER, Ms. CLARK of Mas-
sachusetts, Mr. COSTELLO
of Pennsylvania, Ms. DELBENE, Mr. 
GROTHMAN, Mr. HIGGINS of New York, Ms. KUSTER of New Hampshire, 
Mr. LOEBSACK, Mr. NORCROSS, Mr. PAULSEN, Mr. PERLMUTTER, Mr. 
POCAN, Miss RICE of New York, Mr. SABLAN, Mr. SCHWEIKERT, Mr. 
DAVID SCOTT of Georgia, Mr. SHERMAN, Mr. TIBERI, Mr. TROTT, Ms. 
VELA´ZQUEZ, Ms. STEFANIK, Mr. MEEHAN, Mr. MOONEY of West Vir-
ginia, and Mrs. WALORSKI) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce, and in addition 
to the Committee on Ways and Means, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Employee Retirement and Income Security 
Act of 1974 and the Internal Revenue Code of 1986 
to provide for the electronic delivery of pension plan 
information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Receiving Electronic 
Statements To Improve Retiree Earnings Act’’. 
SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN 
INFORMATION. 
(a) AMENDMENTS TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974.— 
(1) IN GENERAL.—Part 1 of subtitle B of title 
I of the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1021 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 112. ELECTRONIC COMMUNICATION OF PENSION 
PLAN INFORMATION. 
‘‘A document of any type that is required under this 
title to be furnished to a plan participant, beneficiary, or 
other individual with respect to a pension plan may be fur-
nished in electronic form if— 
‘‘(1) the system for furnishing such a docu-
ment— 
‘‘(A) is designed to result in effective ac-
cess to the document by the participant, bene-
ficiary, or other specified individual through 
electronic means, including— 
‘‘(i) the direct delivery of material to 
an electronic address of such participant, 
beneficiary, or individual, 
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‘‘(ii) the posting of material to a 
website or other internet or electronic- 
based information repository to which ac-
cess has been granted to such participant, 
beneficiary, or individual, but only if prop-
er notice of the posting has been provided 
(which may include notice furnished by 
other electronic means if the content of the 
notice conveys the need to take action to 
access the posted material), and 
‘‘(iii) other electronic means reason-
ably calculated to ensure actual receipt of 
the material by such participant, bene-
ficiary, or individual, 
‘‘(B) permits the participant, beneficiary, 
or other individual to select among the specific 
electronic means made available through which 
such a document shall be furnished, to modify 
that selection at any time, or to elect at any 
time to begin receiving paper versions of such 
documents at no additional direct cost to the in-
dividual, and 
‘‘(C) protects the confidentiality of per-
sonal information relating to such participant’s, 
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beneficiary’s, or individual’s accounts and bene-
fits, 
‘‘(2) an annual paper notice is provided to each 
participant, beneficiary, or other individual that de-
scribes— 
‘‘(A) the selection of the specific electronic 
means for the furnishing of such documents 
made by the participant, beneficiary, or other 
individual under paragraph (1)(B) in effect at 
the time of the provision of the notice, 
‘‘(B) the right to modify the selection at 
any time, or to elect at any time to receive 
paper versions of documents at no additional di-
rect cost, and how to make such an election, 
and 
‘‘(C) if applicable, the election made by the 
participant, beneficiary, or other individual 
under paragraph (1)(B) to be furnished paper 
versions of such documents, and 
‘‘(3) the electronically furnished document— 
‘‘(A) is prepared and furnished in a man-
ner that is consistent with the style, format, 
and content requirements applicable to the par-
ticular document, and 
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documents at no additional direct cost to the in-
dividual, and 
‘‘(C) protects the confidentiality of per-
sonal information relating to such participant’s, 
beneficiary’s, or individual’s accounts and bene-
fits, 
‘‘(2) an annual paper notice is provided to each 
participant, beneficiary, or other individual that de-
scribes— 
‘‘(A) the selection of the specific electronic 
means for the furnishing of such documents 
made by the participant, beneficiary, or other 
individual under paragraph (1)(B) in effect at 
the time of the provision of the notice, 
‘‘(B) the right to modify the selection at 
any time, or to elect at any time to receive 
paper versions of documents at no additional di-
rect cost, and how to make such an election, 
and 
‘‘(C) if applicable, the election made by the 
participant, beneficiary, or other individual 
under paragraph (1)(B) to be furnished paper 
versions of such documents, and 
‘‘(3) the electronically furnished document— 
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‘‘(A) is prepared and furnished in a man-
ner that is consistent with the style, format, 
and content requirements applicable to the par-
ticular document, and 
‘‘(B) includes a notice that apprises the in-
dividual of the significance of the document 
when it is not otherwise reasonably evident as 
transmitted. 
For purposes of this subsection, the term ‘document’ 
includes reports, statements, notices, notifications, 
and other information.’’. 
(c) PROTECTION OF EXISTING METHODS.—Nothing 
in the amendments made by this section shall be construed 
to prohibit— 
(1) 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 (referred to in this sub-
section as the ‘‘Secretaries’’) prior to the date of the 
enactment of this Act; or 
(2) the Secretaries from prescribing additional 
methods for furnishing documents as the Secretaries 
deem necessary or appropriate. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to documents fur-
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nished with respect to plan years beginning after Decem-
ber 31, 2018. 
Æ 
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