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  • I’m an ERISA plan. I have not yet submitted any data to the CO APCD and have not submitted an opt-out form. Do I still need to submit an opt-out form and will there be any penalties for my failure to timely submit an opt-out form?

No.  ERISA plans no longer need to submit opt-out forms, and there will there be no penalties for ERISA plans who failed to timely submit opt-out forms by the original December 28, 2015 deadline.

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