Are employers required to issue SPDs in languages other than English?

The foreign language requirements for SPD distribution are explained on page 4 of the Guidelines for SPD Distribution that are generated with each set of Wrap documents, which states as follows:

"The foreign language requirements apply when a certain number of plan participants speak the same foreign language.

For plans covering fewer than 100 participants at the beginning of the plan year, the foreign language requirements apply if 25 percent or more of the participants are literate only in the same foreign language.

For plans covering 100 or more participants at the beginning of the plan year, the foreign language requirements apply if either:

  • 500 or more participants are literate only in the same foreign language, or
  • 10% or more of all plan participants are literate only in the same foreign language.

If the requirements apply, the English-language SPD must prominently display a notice in the non-English foreign language common to the participants, offering them assistance. The notice must clearly state the procedures the participants are to follow to obtain assistance. The following sample notice is from DOL regulations:

"This booklet contains a summary in English of your plan rights and benefits under Employer A [Welfare Benefit] Plan. If you have difficulty understanding any part of this booklet, contact Mr. John Doe, the plan administrator, at his office in Room 123, 456 Main Street, Anywhere City, State 20001. Office hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday. You may also call the plan administrator's office at 202-555-2345 for assistance."

 Does Wrap360 offer Wrap documents in languages other than English?

Yes, Wrap360 provides Spanish-language Wrap SPDs and Wrap Plan Documents for an additional charge. If you are interested, please call us at 877-977-1944 or email sales@hr360.com. Please note, however, that while Spanish-language Premium Conversion Plan templates are not available, a Spanish-language version of the Sample Section 125 Plan Enrollment Form is available in the Support Tools section of Wrap360.

Please Note: Wrap360 and its employees and officers are not permitted to offer legal advice. These FAQs are provided for general information purposes only. As the answers to specific questions may vary based on federal or state law, as well as on company documents for the issues in question, it would be prudent to consult knowledgeable benefits counsel for individualized guidance.