Proposed rule · United States · Employee Benefits Security Administration

Employee Benefits Security Administration proposes paper statement and notice changes to retirement plan electronic delivery safe harbors

As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments closed April 27, 2026.

We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.

Added to AmendSignal

In short

What changed
The Department of Labor proposes changes to its two electronic delivery safe harbors for retirement plan disclosures, to carry out the paper benefit statement rules in section 338 of the SECURE 2.0 Act of 2022. This is a proposal, and comments are due April 27, 2026.
Who's affected
Sponsors and administrators of retirement plans (other than one-participant plans) covered by the Employee Retirement Income Security Act (ERISA) that deliver disclosures electronically under either safe harbor. The proposal has no small plan exemption.
What to do
This proposal creates no new duties for employers. If finalized, it would change the conditions plans must meet to use the safe harbors. Consider reviewing it with your plan's recordkeeper and commenting by April 27, 2026. Until a final rule or other guidance, the Department says it will not take enforcement action against plan administrators that follow a reasonable, good faith reading of the proposal.

What changed

Who is affected

What it means in practice

What to do

Required

This is a proposed rule and creates no requirements for employers. If finalized, it would change the conditions plans must meet to use the electronic disclosure safe harbors. Comments are due April 27, 2026.

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • What exactly must the one-time paper notice under the 2002 safe harbor say?

    The proposed regulatory text describes a notice of the right to request all documents on paper, while the cost analysis describes a notice explaining that participants will receive electronic documents by default.

  • What counts as complying in good faith with a reasonable interpretation of the proposal?

    The Department states the enforcement policy but does not describe what it would treat as a reasonable interpretation.

Related changes

History

  1. Latest · · Issued

    Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors Source (opens in a new tab)

Sources