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Monday, March 9, 2026

The New Postmark Rule Could Make Employee Benefit Notices Late - Ogletree

In December 2025, the U.S. Postal Service (USPS) adopted a new rule for postmarks so that they may indicate the processing date, instead of the date the post office took custody of the item. Employers may want to note this new postmark rule so that they don’t violate their legal notice requirements concerning their employee benefit plans.

  • The USPS recently changed a rule so that postmarks may reflect the processing date, rather than the date a post office obtained a letter or package.
  • The new rule could lead to fines for employers if mandatory notices concerning employee benefit plans are deemed late.
  • Electronically sending mandatory notices can help to meet a legal deadline, if the recipient has agreed to electronic communications.

Under federal laws like the Employee Retirement Income Security Act (ERISA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), and the Affordable Care Act (ACA), employers are required to send a variety of notices to their employees concerning health insurance coverage, retirement benefits, and other employee benefits. For example, depending on the plan type, employers may need to send a summary of benefits and coverage (SBC), a summary plan description (SPD), a list of drugs included in a pharmacy plan formulary, a COBRA coverage notice, a HIPAA privacy notice, a notice of patient protections, a safe harbor notice, an automatic enrollment notice, or a fee...



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