DOL Issues Proposed Rule on Amendments to Certain Electronic Disclosure Safe Harbors; Comments Due April 27

Published February 24, 2026

The U.S. Department of Labor (DOL) issued a proposed rule on narrow amendments to two separate electronic disclosure safe harbors for purposes of implementing section 338 of the SECURE 2.0 Act of 2022 (SECURE 2.0).

The two existing safe harbors permit the broad use of electronic disclosure under prescribed conditions for the furnishing of required disclosures under Title I of the Employee Retirement Income Security Act of 1974 (ERISA). Section 338 of SECURE 2.0 amended section 105(a)(2) of ERISA to require retirement plans to provide paper benefit statements in certain cases. Section 338 also instructed DOL to update its electronic disclosure safe harbors in connection with the statutory changes.

The proposed amendments would implement these Congressional mandates.

The proposal would:

Amend DOL's existing electronic disclosure safe harbor regulations to ensure that defined contribution plans furnish to participants at least one paper benefit statement each calendar year and defined benefit plans provide to participants a paper statement at least once every three years. The paper statement requirement applies to plan years beginning after Dec. 31, 2025.
Require additional notices explaining participants' rights to opt for paper or electronic statements, though plans may continue using electronic delivery for most required disclosures
Bar plans from charging fees for paper copies
Update the DOL’s two existing electronic disclosure safe harbors, from 2002 and 2020, to incorporate new statutory protections. For plans using the 2020 safe harbor, each required paper benefit statement would need to include instructions on how to request electronic delivery instead, along with contact information for the plan sponsor or administrator. Plans would also be prohibited from charging participants for paper copies of benefit statements.

Comments are due April 27, 2026.

Section 338(b) of SECURE 2.0 directed the Secretary of Labor to update its regulations by December 31, 2024. Section 338(c) of SECURE 2.0, in turn, provides that the new paper benefit statement requirement shall apply with respect to plan years beginning after December 31, 2025. For the period from publication of this proposal until after DOL issues a

final rule or other applicable administrative guidance, DOL, 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.