Health Benefits Advisor for Employers

Determining Compliance with the WHCRA Provisions in Part 7 of ERISA

Annual Notice

Does the plan provide adequate and timely annual notices as required by WHCRA?

• Yes
• No

Plans must provide notices describing the benefits required under WHCRA once each year. See ERISA section 713(a).

To satisfy this requirement, the plan may redistribute the WHCRA enrollment notice or the plan may use a simplified disclosure that:

• Provides notice of the availability of benefits under the plan for reconstructive surgery, surgery to achieve symmetry between the breasts, prostheses, and physical complications resulting from mastectomy (including lymphedema); and
• Contact information (e.g., telephone number) for obtaining a detailed description of WHCRA benefits available under the plan.

Tip: The WHCRA annual notice can be provided in the SPD if the plan distributes SPDs annually. If not, the plan should break off the annual notice into a separate disclosure. A model notice is provided by EBSA.