February 11, 2008
Welcome to Benefits Challenge. Benefits Solved.
Here is a free, fun and intriguing way to test your knowledge. Each edition of the News & Review will include a test on topics such as FMLA, COBRA, FSA, HRA, HSA along with others various topics.
Question:
When is an employer required to provide a COBRA notice in another language (e.g., Spanish)?
Your Response: INCORRECT
THE CORRECT ANSWER IS D. COBRA has no foreign language requirement for its notices. On the other hand, summary plan descriptions (SPDs) do have a rule requirement that plans must offer foreign-language assistance if a certain minimum number (or percentage) of participants are literate only in the same non-English language. That rule is in 29 CFR §2520.102-2(c), which you can find under the ERISA tab of the Benefit Laws, Regulations and Other Helpful Links link at www.infinisource.net.
Infinisource offers many of its notices in foreign languages. Our Customer Response team is supported by a Language Line service that can help non-English-speaking individuals. This is all a part of Infinisource’s COBRA Administration Service.
The Department of Labor has translated two of its model notices into Spanish: