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On May 8, 2013, The Department of Labor published Technical Release No. 2013-02: Guidance on the Notice to Employees of Coverage Options under Fair Labor Standards Act §18B and Updated Model Election Notice under the Consolidated Omnibus Budget Reconciliation Act of 1985. This Technical Release provides temporary guidance regarding the notice requirement and announces the availability of the Model Notice to Employees of Coverage Options. While the timing and delivery requirements for COBRA notices are unchanged, this Technical Release also provides an updated model election notice to include additional information regarding health coverage alternatives offered through the Marketplace. Please take specific note of employer responsibilities under “Timing and Delivery of Notice” summarized here:

• Employer must provide Marketplace notice to current employees by 10/1/2013
• Employer must provide Marketplace notice to new hires within 14 days of employee’s start date
• The Marketplace notice must be provided in a manner calculated to be understood by the average employee (it may be provided by first-class mail; alternatively it may be provided electronically subject to DOL requirements for electronic disclosure)

For your convenience, the current version of these notices are attached. These notices are subject to change and should be sourced directly from the Department of Labor website for future use.

Marketplace Notice with Plan
Marketplace Notice without Plan

Visit the Department of Labor website for more information: