Plan change notice deadline calculator: when must employees be told?
Enter the date a plan change takes effect, the date it was adopted and the plan year end to see the notice dates. Built for HR teams that change benefits or cost sharing and need to know how much notice the law requires.
Find the date to notify employees of a plan change.
Choose the kind of change and set the dates. The result updates as you type.
Your notice dates
A planning estimate, not legal advice. The 60-day ACA notice applies to changes made outside the renewal. The ERISA dates have exceptions, such as a 90-day window for plans that send regular updates. Confirm with counsel or your benefits partner.
What notice does the law require?
Two sets of rules apply. Under the Affordable Care Act, a plan that makes a material change to the information in its summary of benefits and coverage outside the renewal has to give notice at least 60 days before the change takes effect. Under ERISA, a plan has to tell participants about a material reduction in covered services or benefits within 60 days after it adopts the change, and about other changes in a summary of material modifications no later than 210 days after the end of the plan year in which it was adopted.
Why does timing matter?
A change that employees learn about late can be challenged, and a plan can be held to the old terms. Late notice also generates complaints at the worst time, when claims are being denied under the new rule. The safe course is to notify early and in writing, and to update the summary plan description at the same time.
Common questions
Does this apply to changes at renewal?
A renewal change is normally communicated through the renewal and enrollment materials, which carry the new summary of benefits and coverage. The separate 60-day notice is aimed at changes made outside that cycle.
What is a summary of material modifications?
It is a short document that describes a change to the plan. It is attached to or sent with the summary plan description. Our guide explains the format.
Is a premium increase a material modification?
A change in the employee contribution is usually communicated in the enrollment materials. A change in covered benefits or cost sharing is the kind that triggers a notice. Ask your advisor when unsure.
Who sends the notice?
The plan administrator is responsible. Many employers rely on the carrier or a benefits partner to prepare it, but the employer has to confirm it goes out.
Laws and rules referenced
29 C.F.R. § 2520.104b-3 and 29 U.S.C. § 1022 — Summary of material modifications: due within 210 days after the plan year, or 60 days for a material reduction in covered services or benefits.
42 U.S.C. § 300gg-15(d) — Notice of a material modification at least 60 days before it takes effect, where the summary of benefits and coverage does not reflect it.
This tool gives estimates for education, not tax or legal advice. Rules change, so confirm your situation with a qualified advisor.
Talk to us about plan change notices
Book a 30-minute call and we will check your notice process before the next plan change. Visit us at 41000 Woodward Avenue, Suite 350 East, Bloomfield Hills, MI 48304, or call 248.370.8853.
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