{
    "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": 12,
        "url": "https://amendsignal.com/changes/employee-benefits-security-administration-proposes-paper-statement-and-notice-changes/",
        "title": "Employee Benefits Security Administration proposes paper statement and notice changes to retirement plan electronic delivery safe harbors",
        "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 April 27, 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": "2026-03723"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 9213"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1210-AC27"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 2520"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 2560"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-02-25",
                "precision": "day"
            },
            {
                "type": "comment_close",
                "label": "Comments due",
                "value": "2026-04-27",
                "precision": "day"
            }
        ],
        "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.",
            "whos_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."
        },
        "summary": "The Department of Labor's Employee Benefits Security Administration proposes narrow changes to its 2002 and 2020 electronic disclosure safe harbors to carry out section 338 of the SECURE 2.0 Act of 2022, which requires retirement plans to send some benefit statements on paper. The proposal would add a one-time paper notice for some newly eligible participants, require added content on required paper statements, and bar fees for paper statements under the 2020 safe harbor. It is not final, and comments are due April 27, 2026.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "benefits",
                    "name": "Benefits"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                }
            ]
        },
        "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-paper-statement-and-notice-changes/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "SUMMARY",
                        "excerpt": "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"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, I.E",
                        "excerpt": "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."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, I.E",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-1(c)(1)(iv)",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The existing advance statement given to people who consent to electronic delivery would satisfy the new notice if it is furnished on paper.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-1(c)(3)",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-31(c)(1)",
                        "excerpt": "or a pension benefit statement that must be furnished on paper under subparagraph (E) of section 105(a)(2) of the Act."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-31(l)(1)",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-31(l)(2)",
                        "excerpt": "An explanation of how to request that all such statements be furnished by electronic delivery; and"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-31(l)(2)",
                        "excerpt": "Contact information for the plan sponsor, plan administrator, or other designated representative of the plan, including a telephone number."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-31(l)(3)",
                        "excerpt": "The plan may not charge any fee to a participant or beneficiary for the delivery of any paper statements."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, III.E",
                        "excerpt": "However, only one paper copy of the same statement must be provided free of charge on request under that paragraph."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, III.F",
                        "excerpt": "the proposal does not suggest amendments to the safe harbor in response to this directive because the 2020 safe harbor already satisfies this directive."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, III.G",
                        "excerpt": "nothing in the safe harbor regulation restricts a plan's ability to furnish a duplicate electronic statement."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal also makes a conforming change to the claims procedure regulation's cross references to the 2002 safe harbor.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, IV",
                        "excerpt": "the Department proposes amending the claims procedure regulation by removing the cross references to paragraph (c)(1)(iv) of the 2002 safe harbor."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, V",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The 2002 safe harbor change reaches individual account (defined contribution) plans and defined benefit plans, other than one-participant retirement plans.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-1(c)(1)(iv)",
                        "excerpt": "An individual account plan and a defined benefit plan (in each case, other than a one-participant retirement plan)"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The one-time paper notice covers only people who first become eligible after December 31, 2025, not those already eligible before that date.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, II.B",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, II.B",
                        "excerpt": "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"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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).",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, II.B",
                        "excerpt": "the new initial notice will thus almost exclusively be provided to wired-at-work participants"
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "The 2020 safe harbor changes affect only pension plans, so health and other welfare plans are not affected by them.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, I.D",
                        "excerpt": "Unlike the 2002 safe harbor, the 2020 safe harbor is expressly limited to pension benefit plans."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Small plans are not exempt, because the statute includes no small plan exemption.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VIII.E",
                        "excerpt": "Since SECURE 2.0 did not include any potential exemptions for small plans, the Department could not consider an exemption for small plans"
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.H",
                        "excerpt": "The proposal will not add any additional costs beyond those imposed by SECURE 2.0."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department expects plans to add the one-time notice to standard new-hire documents.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.F",
                        "excerpt": "The Department believes that this document will be added to standard new-hire documents for all newly-eligible wired-at-work participants."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department expects plans to use the 2002 safe harbor for wired-at-work participants to avoid paper statement costs.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.F",
                        "excerpt": "the Department believes that plans will use the 2002 safe harbor to furnish pension benefit statements to all ``wired-at-work'' participants."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.H(3)",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department assumes most plans will rely on service providers to review the changes and prepare the new notices and explanations.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.F",
                        "excerpt": "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"
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider submitting comments, for example on the scope of the new notice or the contact information rule, by the deadline.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "DATES",
                        "excerpt": "Comments on the proposal must be submitted on or before April 27, 2026."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider confirming with your recordkeeper which safe harbor your plan uses for which participants, since some plans use both.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.F",
                        "excerpt": "It should be noted that some plans using the 2020 safe harbor may also use the 2002 safe harbor for some of their participants."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-1(c)(1)(iv)",
                        "excerpt": "with respect to participants who first become eligible to participate, and beneficiaries who first become eligible for benefits, after December 31, 2025"
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-31(l)(3)",
                        "excerpt": "The plan may not charge any fee to a participant or beneficiary for the delivery of any paper statements."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider documenting how your plan reads and applies the proposal, given the Department's good faith enforcement policy.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, V",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "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."
        },
        "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 retirement plans (defined contribution or defined benefit, not one-participant plans) that use the electronic disclosure safe harbors.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Proposed 29 CFR 2520.104b-1(c)(1)(iv)",
                        "excerpt": "An individual account plan and a defined benefit plan (in each case, other than a one-participant retirement plan)"
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "No size threshold: small plans are not exempt.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VIII.E",
                        "excerpt": "Since SECURE 2.0 did not include any potential exemptions for small plans, the Department could not consider an exemption for small plans"
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "All industries, including for-profit and nonprofit employers that sponsor retirement plans.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VII.A",
                        "excerpt": "Affected Public: Private Sector: business or other for-profit and not-for-profit institutions."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Benefits teams and plan administrators, often with their recordkeepers or other service providers.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, III.D",
                        "excerpt": "Plan administrators and designated representative of plans, such as third-party administrators and recordkeepers, often play a more direct and central role in the administrative process of furnishing disclosures"
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "Your retirement plan delivers disclosures electronically under the 2002 or 2020 safe harbor.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.F",
                        "excerpt": "Thus, all plans using the 2002 safe harbor for some or all participants will be affected by this proposal."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "Supplementary Information, VI.F",
                        "excerpt": "All plans using and participants covered under the 2020 safe harbor are expected to be affected by this proposal."
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Review the proposal with your recordkeeper and consider commenting by April 27, 2026.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                        "locator": "DATES",
                        "excerpt": "Comments on the proposal must be submitted on or before April 27, 2026."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "What exactly must the one-time paper notice under the 2002 safe harbor say?",
                "context": "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."
            },
            {
                "question": "What counts as complying in good faith with a reasonable interpretation of the proposal?",
                "context": "The Department states the enforcement policy but does not describe what it would treat as a reasonable interpretation."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-02-25",
                "summary": "Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors",
                "source": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors, 91 FR 9213 (February 25, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/02/25/2026-03723/requirement-to-provide-paper-statements-in-certain-cases-amendments-to-electronic-disclosure-safe",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-02-25/pdf/2026-03723.pdf"
            }
        ]
    }
}