For calendar-year plans, July 29 marks the deadline to distribute a Summary of Material Modifications (SMM) for certain plan changes that were adopted during the 2025 plan year. Under ERISA, plan administrators generally must provide participants with an SMM no later than 210 days after the end of the plan year in which the modification was adopted. For calendar-year plans, that deadline falls on July 29.
An SMM informs participants of significant changes to their benefits, rights, or obligations under the plan. Common examples include changes to eligibility rules, benefit provisions, cost-sharing requirements, claims procedures, or other information contained in the plan’s Summary Plan Description (SPD).
Employers do not need to provide a separate SMM if the changes were already incorporated into an updated SPD that was distributed within the applicable disclosure timeframe.
It is important to note that different timing rules apply when a change results in a material reduction in covered services or benefits. In those situations, participants generally must receive notice within 60 days after the change is adopted. In addition, mid-year changes affecting information contained in the Summary of Benefits and Coverage (SBC) may trigger separate ACA notice requirements.
Employer Action Items
- Review all health plan amendments and benefit changes adopted during the 2025 plan year.
- Confirm whether affected participants have already received an updated SPD that incorporates those changes.
- If not, prepare and distribute an SMM by July 29, 2026.
- Maintain records of the distribution and method of delivery.
- Work with legal counsel, third-party administrators, or benefits advisors if there is uncertainty regarding whether a change is considered material or whether separate disclosure requirements apply.
Timely distribution of required ERISA disclosures helps employers meet compliance obligations and ensures employees receive accurate information about their health benefits.
