{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-02",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 25,
        "url": "https://amendsignal.com/changes/employee-benefits-security-administration-proposes-default-electronic-delivery-option/",
        "title": "Employee Benefits Security Administration proposes default electronic delivery option for group health plan disclosures",
        "change_type": "proposed_rule",
        "change_type_label": "Proposed rule",
        "status": "proposed",
        "status_label": "Proposed",
        "status_statement": "As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments closed September 21, 2026.",
        "significance": "Proposed, nothing required yet",
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Employee Benefits Security Administration",
            "short_name": "EBSA"
        },
        "identifiers": [
            {
                "type": "fr_document_number",
                "label": "FR document",
                "value": "2026-14917"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 46602"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1210-AC35"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 2520"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 2560"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-07-23",
                "precision": "day"
            },
            {
                "type": "comment_close",
                "label": "Comments due",
                "value": "2026-09-21",
                "precision": "day"
            }
        ],
        "in_short": {
            "what_changed": "The Employee Benefits Security Administration (EBSA) proposes a new, optional way for group health plans covered by the Employee Retirement Income Security Act (ERISA) to deliver required notices electronically by default. Plans would post documents on a website and send an electronic notice, while people keep the right to free paper copies and to opt out.",
            "whos_affected": "Employers that sponsor ERISA-covered group health plans, their plan administrators, and insurers or third-party administrators that send plan disclosures for them. Other welfare plans, such as disability or life insurance, are not included.",
            "what_to_do": "This proposed rule creates no new duties for employers. If you sponsor a group health plan, consider whether you would use the new option, and send any comments by September 21, 2026."
        },
        "summary": "The Employee Benefits Security Administration (EBSA), part of the Department of Labor, proposes a new, optional safe harbor that would let group health plan administrators post required disclosures on a website and send participants an electronic notice instead of mailing paper. Participants could still ask for free paper copies or opt out of electronic delivery entirely. This is a proposal only: it creates no requirements now, and comments are due September 21, 2026.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "benefits",
                    "name": "Benefits"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                },
                {
                    "slug": "technology",
                    "name": "Technology"
                }
            ]
        },
        "added_on": "2026-11-02",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-02",
        "record_url": "https://amendsignal.com/changes/employee-benefits-security-administration-proposes-default-electronic-delivery-option/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The agency proposes a new, additional safe harbor that would let group health plan administrators use electronic media to furnish required documents to participants and beneficiaries.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "SUMMARY",
                        "excerpt": "This proposed rule sets forth a new, additional safe harbor for group health plan administrators to use electronic media (e.g., email or web portal) to furnish documents and information to participants and beneficiaries"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The new safe harbor would be a new section of the Code of Federal Regulations (CFR) at 29 CFR 2520.104b-32. It would largely mirror the 2020 safe harbor for pension plans and would not change the existing safe harbors.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, I.D",
                        "excerpt": "the Department proposes to amend part 2520 by adding a new section 2520.104b-32 to provide a new safe harbor to group health plan administrators to rely on for disclosure through electronic media that largely mirrors the 2020 safe harbor. This proposal would not change either of the existing safe harbors."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Unlike the pension version, the safe harbor would also cover documents that must be furnished only upon request.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.C",
                        "excerpt": "under this proposed rule, the electronic disclosure safe harbor would be available for documents that must be furnished only upon request."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Unlike the pension version, plans could not deliver the documents themselves by email under this safe harbor. They would have to use a website, because of privacy concerns about health information.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.E",
                        "excerpt": "an alternative method for disclosure of covered documents through email systems would not be available."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Participants could request paper copies without any charge, including additional copies, and could opt out of electronic delivery entirely, free of charge.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.F",
                        "excerpt": "the administrator may not charge for paper copies."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.F",
                        "excerpt": "covered individuals must have the right, free of charge, to globally opt out of electronic delivery and receive only paper versions of covered documents."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "A dependent child age 18 or older who gives an electronic address could receive disclosures electronically in their own right.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.B",
                        "excerpt": "a dependent child who is a beneficiary under the group health plan qualifies as a covered individual if he or she has attained 18 years of age"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The initial notice of default electronic delivery would not have to be sent on paper to people already receiving disclosures electronically under the 2002 safe harbor.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.G",
                        "excerpt": "the administrator is not required to furnish a paper copy of an initial notification of default electronic delivery for covered individuals who, prior to the first day of the first calendar year following date of publication of the final rule, have been receiving documents"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The claims procedure rules would be amended so that electronic notices of claim denials and appeal decisions could follow the new safe harbor.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.L",
                        "excerpt": "The Department proposes to add a reference to 29 CFR 2520.104b-32 followed by the parenthetical phrase (for group health plans) in paragraphs (g)(1) and (j)"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The agency proposes that a final rule would apply starting the first day of the first calendar year after the final rule is published.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.M",
                        "excerpt": "the Department proposes that the proposed rule is applicable for employee benefit plans on the first day of the first calendar year following date of publication of the final rule."
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The safe harbor would be available to group health plans as defined in ERISA section 733, not to all welfare benefit plans.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, I.D",
                        "excerpt": "under 29 CFR 2520.104b-32, the proposed new safe harbor would be available to group health plans, as defined under ERISA section 733."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, I.D",
                        "excerpt": "The proposed safe harbor would not be available to all welfare benefit plans under section 3(1) of ERISA"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "A health insurance issuer could also use the safe harbor when it has a written agreement with the plan sponsor to provide the required disclosures.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.C",
                        "excerpt": "if a health insurance issuer and a group health plan sponsor enter into a written agreement under which the issuer agrees to provide the information required under ERISA, the issuer may also utilize the safe harbor under this proposal."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The agency estimates about 2.77 million ERISA-covered group health plans, with 134.7 million participants and beneficiaries.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, III.G.1",
                        "excerpt": "The Department estimates there are 2,765,373 ERISA-covered group health plans ... with 134.7 million participants and beneficiaries."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "An employee who has a work email address assigned by the employer for purposes that include delivering plan documents would be treated as having provided that address.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.B",
                        "excerpt": "if an electronic address is assigned by an employer to an employee for employment-related purposes that include but are not limited to the delivery of covered documents, the employee is treated as if he or she provided the electronic address."
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The safe harbor would be optional. Plans could keep using the 2002 safe harbor or keep delivering paper.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, I.D",
                        "excerpt": "plan administrators for group health plans who decide to continue relying on the existing 2002 safe harbor for electronic delivery, or to furnish paper documents by hand-delivery or by mail, can continue to do so."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The agency estimates savings of about $402 million a year from less printing and mailing. It estimates about $30 million in costs in the first year and $7 million in later years.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, III.I.5",
                        "excerpt": "resulting in a cost savings of approximately $402 million per year."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, III.J.1",
                        "excerpt": "estimated as $30 million in the first year and $7 million in subsequent years"
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "A plan that uses the safe harbor would need several things in place: a website for the documents, an initial notice before relying on it, a way to detect bad email addresses, and a process for keeping addresses current when employees leave.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.E",
                        "excerpt": "group health plan administrators must ensure the existence of an internet website at which a covered individual is able to access covered documents."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.G",
                        "excerpt": "the administrator for a group health plan is required to furnish to each individual, prior to the administrator's reliance on the electronic delivery safe harbor, a notification that covered documents will be furnished electronically to an electronic address"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.F",
                        "excerpt": "the system for furnishing a NOIA must be designed to alert the administrator of a covered individual's invalid or inoperable electronic address."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.H",
                        "excerpt": "the administrator of a group health plan must take measures reasonably calculated to ensure the continued accuracy and availability of such electronic address or to obtain a new electronic address that enables receipt of covered documents following the individual's severance from employment."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "Employers that use work email addresses for plan notices may want to think about privacy. The agency says it wants to avoid protected health information being sent to company email that the employer may monitor.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.E",
                        "excerpt": "the Department intends to avoid a circumstance where PHI is transmitted to an employee via their company email address, where the content of such email is potentially monitored by the employer."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Following the safe harbor would not settle compliance with other laws, such as the Health Insurance Portability and Accountability Act (HIPAA) privacy rules.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.K",
                        "excerpt": "compliance with the disclosure requirements of 29 CFR 2520.104b-32 is not determinative of compliance with any other provision of applicable Federal or State law."
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider submitting comments, for example on the paper initial notice, the lack of an email delivery option, or extending the option to other welfare plans.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "DATES",
                        "excerpt": "comments must be received at one of the addresses provided below by September 21, 2026."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider asking your insurer or third-party administrator whether its participant website could host plan documents under the proposed safe harbor.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, III.D.3.a",
                        "excerpt": "permitting the website to be established and maintained by the issuer of group health insurance coverage in the case of insured group health plans, or by a third-party administrator or other service provider in the case of self-insured group health plans."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider reviewing how you collect and update employee email addresses and phone numbers, including when employees leave, in case you later choose to use the safe harbor.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.H",
                        "excerpt": "the administrator of a group health plan must take measures reasonably calculated to ensure the continued accuracy and availability of such electronic address or to obtain a new electronic address that enables receipt of covered documents following the individual's severance from employment."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "This is a proposed rule, so it creates no requirement for employers. Even if finalized, the safe harbor would be optional: plans could keep using the 2002 safe harbor or paper delivery."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Employers that sponsor ERISA-covered group health plans, and their plan administrators.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, I.D",
                        "excerpt": "under 29 CFR 2520.104b-32, the proposed new safe harbor would be available to group health plans, as defined under ERISA section 733."
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "No size threshold: the option would be open to group health plans of any size, including small plans.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, V.B",
                        "excerpt": "The proposed rule would provide flexibility to group health plans, including small group health plans, by permitting required disclosures to be furnished electronically"
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "All industries with group health plans, plus health insurers and third-party administrators that send plan disclosures.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, III.G.1",
                        "excerpt": "The proposed rule would affect ERISA-covered group health plans."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Benefits teams mainly, with support from IT for the website and employee address data.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, III.I.2.b",
                        "excerpt": "each group health plan would require 1 hour by a compensation and benefits manager"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.E",
                        "excerpt": "group health plan administrators must ensure the existence of an internet website at which a covered individual is able to access covered documents."
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "Only if a final rule is issued and your group health plan chooses to use the new safe harbor.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "Supplementary Information, II.M",
                        "excerpt": "Because it is a safe harbor, rather than a required method for disclosure, administrators are not required to come into compliance with the conditions by the applicability date"
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Nothing required now; consider commenting by September 21, 2026.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                        "locator": "DATES",
                        "excerpt": "comments must be received at one of the addresses provided below by September 21, 2026."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Would plans have to mail the initial notice of default electronic delivery on paper to everyone, or could it go electronically to people already receiving disclosures electronically?",
                "context": "The preamble proposes electronic delivery for those already receiving disclosures under the 2002 safe harbor, but the cost analysis says the rule would require the notice in paper to all participants."
            },
            {
                "question": "Will the final rule extend the new safe harbor to other welfare plans, such as disability or life insurance?",
                "context": "The proposal covers only group health plans, but the agency asks for comments on whether to extend it to other employee welfare benefit plans."
            },
            {
                "question": "Will the final rule let group health plans email documents directly, as pension plans can?",
                "context": "The proposal excludes direct email delivery over privacy concerns, but the agency asks for comments on whether to permit it."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-07-23",
                "summary": "Electronic Disclosure by Group Health Plans Under ERISA",
                "source": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Electronic Disclosure by Group Health Plans Under ERISA, 91 FR 46602 (July 23, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-07-23/pdf/2026-14917.pdf"
            }
        ]
    }
}