On February 25, 2026, the Department of Labor (DOL) released proposed regulations that would amend the rules for electronic delivery of employee benefit plan disclosures, as required by SECURE 2.0. These proposals aim to harmonize the DOL’s electronic disclosure safe harbors with new statutory mandates regarding paper statements for retirement plans.
A Brief History of Electronic Disclosures
Since 2002, the DOL has provided two safe harbor frameworks for the electronic delivery of ERISA-required disclosures. The 2002 safe harbor permitted electronic delivery for employees with regular work-related computer access (“wired-at-work”) or those who affirmatively consented, but it required a default paper disclosure for others. The 2020 safe harbor expanded electronic delivery for retirement plans by allowing default electronic disclosure if a participant provided a valid electronic address, with an initial paper notice and the right to opt out at no cost. These rules enabled most plans to use electronic delivery; the DOL estimates that over 96% of retirement plan participants receive some ERISA disclosures electronically.
SECURE 2.0 added significant requirements to this framework. It amended ERISA to mandate that defined contribution plans provide at least one pension benefit statement on paper per year, and defined benefit plans provide at least one on paper every three years, unless a participant opts for electronic delivery. The law also directed the DOL to update both the 2002 and 2020 safe harbors to include new participant notification requirements.
Key Provisions of the Proposed Regulations
If finalized in their current form, the proposed regulations would implement several mandates of SECURE 2.0, effective for plan years beginning after December 31, 2025:
- Mandatory paper benefit statements. Defined contribution plans must furnish at least one pension benefit statement on paper per year. Defined benefit plans must provide at least one paper statement every three years. Exceptions exist for one-participant plans and for participants who affirmatively opt in to electronic delivery.
- No fees for paper statements. Plans may not charge any fees for delivering paper benefit statements, even if the participant requests additional copies.
- Right to request electronic or paper disclosures. Participants must have the opportunity to request that any disclosure required to be delivered on paper instead be sent electronically, and vice versa.
- Initial notice for new participants. Plans using the 2002 safe harbor must provide a one-time paper notice to participants and beneficiaries first eligible after December 31, 2025, informing them of the right to receive all disclosures in paper form.
- Required explanations in statements. Paper pension benefit statements must include clear instructions for requesting electronic delivery and contact information for the plan sponsor or administrator, including a phone number.
- Duplicate Electronic Statements Permitted: Plans may provide duplicate electronic copies of any paper statement, but they must still ensure at least one paper statement is delivered unless a participant has specifically opted out.
Comment Period and Next Steps
The DOL is accepting comments on the proposed regulations through late April 2026. Final regulations are expected before 2027. As with other proposed and final regulations issued under SECURE 2.0, the DOL has indicated that it will accept good faith compliance with a reasonable interpretation of the proposed regulations during the transition period.
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