Under SECURE 2.0, for plan years beginning after December 31, 2025, employer-sponsored retirement must provide a minimum number of statements on paper (for defined contribution plans at least 1 annually and for defined benefit plans at least once every 3 years).
On May 12, 2026, the Department of Labor (DOL) issued guidance stating that, because final regulations addressing these requirements and related electronic disclosure rules are not yet in place, the DOL will not take enforcement action against plan administrators that act in good faith and follow a reasonable interpretation of either the statute or the February 2026 proposed regulations, including continued reliance on existing electronic delivery rules.
Plan sponsors should work with ERISA counsel to ensure that their current practices satisfy existing guidance, and that they are prepared for next steps while we await final guidance.
In particular, any employers that have employees who do not use a computer as an integral part of their job duties (such as employers in the retail, health care, and hospitality industries) should discuss their practices with counsel to determine whether they are satisfying their ERISA disclosure obligations.
A copy of the guidance is available here: Field Assistance Bulletin No. 2026-02 | U.S. Department of Labor