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.
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
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From the sourceSUMMARY
The Department of Labor (Department) is proposing narrow amendments to two separate electronic disclosure safe harbors for purposes of implementing section 338 of the SECURE 2.0 Act of 2022
The Department of Labor proposes narrow amendments to its two electronic disclosure safe harbors to implement section 338 of the SECURE 2.0 Act of 2022.
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From the sourceSupplementary Information, I.E
defined contribution plans must furnish at least one pension benefit statement on paper in any calendar year, and defined benefit plans generally must furnish at least one paper pension benefit statement every three calendar years.
Also: Supplementary Information, I.E
the first exception in new subparagraph (E) of section 105(a)(2) of ERISA exempts plans from the paper requirement if the plan uses the 2002 safe harbor.
Background: SECURE 2.0 itself requires defined contribution plans to send at least one benefit statement on paper each calendar year, and defined benefit plans generally at least one every three calendar years, for plan years beginning after December 31, 2025. The statute has two exceptions: plans using the 2002 safe harbor, and individuals who ask for electronic delivery.
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From the sourceProposed 29 CFR 2520.104b-1(c)(1)(iv)
the plan furnishes each participant or beneficiary a one-time initial notice on paper in written form, prior to the electronic delivery of any pension benefit statement, of their right to request that all documents required to be disclosed by the plan be furnished on paper in written form.
Under the 2002 safe harbor, a plan that sends the required paper statement electronically instead would have to give participants and beneficiaries who first become eligible after December 31, 2025 a one-time paper notice of their right to get all plan documents on paper, before any electronic benefit statement.
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From the sourceProposed 29 CFR 2520.104b-1(c)(3)
A plan administrator may satisfy the initial notice requirement in paragraph (c)(1)(iv) of this section by furnishing the statement described in paragraph (c)(2)(ii)(C) of this section on paper.
The existing advance statement given to people who consent to electronic delivery would satisfy the new notice if it is furnished on paper.
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From the sourceProposed 29 CFR 2520.104b-31(c)(1)
or a pension benefit statement that must be furnished on paper under subparagraph (E) of section 105(a)(2) of the Act.
Also: Proposed 29 CFR 2520.104b-31(l)(1)
shall be permitted the opportunity to request that any pension benefit statement required to be furnished on paper as required under subparagraph (E) of section 105(a)(2) of the Act shall instead be furnished by electronic delivery.
The 2020 safe harbor would no longer cover the benefit statements that must be furnished on paper, but participants and beneficiaries would have to be allowed to ask for those statements electronically instead.
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From the sourceProposed 29 CFR 2520.104b-31(l)(2)
An explanation of how to request that all such statements be furnished by electronic delivery; and
Also: Proposed 29 CFR 2520.104b-31(l)(2)
Contact information for the plan sponsor, plan administrator, or other designated representative of the plan, including a telephone number.
Under the 2020 safe harbor, each required paper statement would have to explain how to switch to electronic delivery and give contact information, including a phone number, for the plan sponsor, plan administrator or another designated plan representative.
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From the sourceProposed 29 CFR 2520.104b-31(l)(3)
The plan may not charge any fee to a participant or beneficiary for the delivery of any paper statements.
Also: Supplementary Information, III.E
However, only one paper copy of the same statement must be provided free of charge on request under that paragraph.
Plans using the 2020 safe harbor could not charge any fee for paper benefit statements. Today only the first paper copy of a statement must be free.
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From the sourceSupplementary Information, III.F
the proposal does not suggest amendments to the safe harbor in response to this directive because the 2020 safe harbor already satisfies this directive.
Also: Supplementary Information, III.G
nothing in the safe harbor regulation restricts a plan's ability to furnish a duplicate electronic statement.
The Department proposes no changes for two other SECURE 2.0 directives (explaining how to request paper documents, and allowing duplicate electronic statements) because it says the 2020 safe harbor already meets them.
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From the sourceSupplementary Information, IV
the Department proposes amending the claims procedure regulation by removing the cross references to paragraph (c)(1)(iv) of the 2002 safe harbor.
The proposal also makes a conforming change to the claims procedure regulation's cross references to the 2002 safe harbor.
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From the sourceSupplementary Information, V
the Department, as an enforcement policy, will not take enforcement action against plan administrators that comply in good faith with a reasonable interpretation of the provisions set forth in the proposal.
Until a final regulation or other guidance, the Department says it will not take enforcement action against plan administrators that comply in good faith with a reasonable interpretation of the proposal.
Who is affected
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From the sourceProposed 29 CFR 2520.104b-1(c)(1)(iv)
An individual account plan and a defined benefit plan (in each case, other than a one-participant retirement plan)
The 2002 safe harbor change reaches individual account (defined contribution) plans and defined benefit plans, other than one-participant retirement plans.
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From the sourceSupplementary Information, II.B
covers only those individuals who first become eligible to participate and beneficiaries who first become eligible for benefits after December 31, 2025, and not those with such eligibility status before that date.
The one-time paper notice covers only people who first become eligible after December 31, 2025, not those already eligible before that date.
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From the sourceSupplementary Information, II.B
if a retirement plan furnishes, on paper, the pension benefit statement described in subparagraph (E) of section 105(a)(2), the administrator of that plan would not be subject to the initial notice requirement
A plan that sends the required benefit statement on paper would not have to give the one-time notice, even if it sends all other documents electronically under the 2002 safe harbor.
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From the sourceSupplementary Information, II.B
the new initial notice will thus almost exclusively be provided to wired-at-work participants
The Department expects the new notice to go almost entirely to employees who use a computer as part of their jobs (the 2002 safe harbor's "wired-at-work" group).
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Our analysisSupplementary Information, I.D
Unlike the 2002 safe harbor, the 2020 safe harbor is expressly limited to pension benefit plans.
The 2020 safe harbor changes affect only pension plans, so health and other welfare plans are not affected by them.
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From the sourceSupplementary Information, VIII.E
Since SECURE 2.0 did not include any potential exemptions for small plans, the Department could not consider an exemption for small plans
Small plans are not exempt, because the statute includes no small plan exemption.
What it means in practice
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From the sourceSupplementary Information, VI.H
The proposal will not add any additional costs beyond those imposed by SECURE 2.0.
The Department says the proposal adds no costs beyond those SECURE 2.0 already imposes. Its cost estimates cover the combined effect of the statute and the proposal.
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From the sourceSupplementary Information, VI.F
The Department believes that this document will be added to standard new-hire documents for all newly-eligible wired-at-work participants.
The Department expects plans to add the one-time notice to standard new-hire documents.
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From the sourceSupplementary Information, VI.F
the Department believes that plans will use the 2002 safe harbor to furnish pension benefit statements to all ``wired-at-work'' participants.
The Department expects plans to use the 2002 safe harbor for wired-at-work participants to avoid paper statement costs.
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Our analysisSupplementary Information, VI.H(3)
With this new requirement, participants who previously opted in to electronic disclosure would begin receiving paper statements unless they pre-emptively opt out of electronic disclosure before the first statement is sent.
Plans using the 2020 safe harbor should expect higher printing and mailing costs, since participants who now get statements electronically would start getting a paper statement unless they opt out.
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From the sourceSupplementary Information, VI.F
the Department assumes that 90 percent of all plans will rely on service providers to review the proposal, inform them of the needed changes, and prepare the needed forms
The Department assumes most plans will rely on service providers to review the changes and prepare the new notices and explanations.
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
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Our suggestionDATES
Comments on the proposal must be submitted on or before April 27, 2026.
Consider submitting comments, for example on the scope of the new notice or the contact information rule, by the deadline.
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Our suggestionSupplementary Information, VI.F
It should be noted that some plans using the 2020 safe harbor may also use the 2002 safe harbor for some of their participants.
Consider confirming with your recordkeeper which safe harbor your plan uses for which participants, since some plans use both.
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Our suggestionProposed 29 CFR 2520.104b-1(c)(1)(iv)
with respect to participants who first become eligible to participate, and beneficiaries who first become eligible for benefits, after December 31, 2025
If your plan uses the 2002 safe harbor to send the required statement electronically, consider reviewing enrollment and new-hire materials for where a one-time paper notice would fit for people first eligible after December 31, 2025.
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Our suggestionProposed 29 CFR 2520.104b-31(l)(3)
The plan may not charge any fee to a participant or beneficiary for the delivery of any paper statements.
If your plan uses the 2020 safe harbor, consider checking whether it charges for extra paper copies of benefit statements, since the proposal would bar any fee.
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Our suggestionSupplementary Information, V
will not take enforcement action against plan administrators that comply in good faith with a reasonable interpretation of the provisions set forth in the proposal.
Consider documenting how your plan reads and applies the proposal, given the Department's good faith enforcement policy.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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What exactly must the one-time paper notice under the 2002 safe harbor say?
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What counts as complying in good faith with a reasonable interpretation of the proposal?
Related changes
History
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Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors Source (opens in a new tab)