DOL Issues Enforcement Guidance for Pension Benefit Statements

Quick Hits

• On May 12, 2026, the DOL announced temporary enforcement relief for retirement plan administrators that make good faith efforts to follow the new paper pension benefit statement rules.
• The policy allows plan administrators to rely on reasonable interpretations of the proposed rules until the DOL issues final guidance.
• Plan sponsors using electronic delivery may want to consider giving newly eligible participants an initial paper notice about their right to request paper documents.

Background

Section 105(a)(2) of ERISA through Section 338(a) of the SECURE 2.0 Act of 2022 (SECURE 2.0) requires that defined contribution plans furnish at least one pension benefit statement on paper in any calendar year and that defined benefit plans generally must furnish at least one paper pension benefit statement every three calendar years. Subparagraph (E) requires that statements be provided on paper at least once per year by defined contribution plans and once every three years by defined benefit plans. The paper benefit statement requirement added by SECURE 2.0 is effective for plan years beginning after December 31, 2025.

Prior to SECURE 2.0, the EBSA had provided two safe harbors for compliance with the pension benefit statement requirements. The 2002 Electronic Disclosure Safe Harbor permits the statements to be provided electronically to participants whose integral work duties put them in a position to effectively access electronic disclosures and to participants who affirmatively consent to electronic disclosures. The 2020 Alternative Safe Harbor permits electronic delivery of the statements to participants who have provided a valid electronic address to the plan sponsor, including those assigned an electronic address by the employer.

On February 25, 2026, the DOL issued a notice of proposed rulemaking (“Requirement to Provide Paper Statements in Certain Cases—Amendments to Electronic Disclosure Safe Harbors”) addressing the new requirements, as required by SECURE 2.0. The two safe harbors will continue to apply, thereby allowing employers to continue to use electronic delivery and avoid the paper statement requirement, with respect to participants who first became eligible to participate and beneficiaries who first became eligible for benefits on or before December 31, 2025. However, those who became eligible on or after January 1, 2026, must receive a one-time initial notice on paper informing them of their right to request that all documents be furnished on paper prior to delivering the required pension benefit statement through electronic delivery.

Temporary Enforcement Policy

Under the FAB, the DOL wishes to provide clarity and assurance to plan administrators in the absence of final regulations. To address concerns regarding the lack of clear guidance, the DOL has established a temporary enforcement policy. Until after the DOL issues final regulations or other applicable administrative guidance, the 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 notice of proposed rulemaking released February 26, 2026. Additionally, the DOL will not take enforcement action against plan administrators that comply in good faith with a reasonable interpretation of Section 105(a)(2)(E) of ERISA pending the adoption of a final rule (for example, plan administrators may furnish the pension benefit statement described in Section 105(a)(2)(E) of ERISA in accordance with the current regulation under 29 CFR § 2520.104b-1(c)).

Plan sponsors that generally deliver pension benefit statements via electronic delivery may want to provide a one-time initial notice, as outlined in the proposed regulations, to any participants and beneficiaries who are newly eligible during the 2026 calendar year.

Ogletree Deakins’ Employee Benefits and Executive Compensation Practice Group will continue to monitor developments and will post updates on the Employee Benefits and Executive Compensation blog as additional information becomes available.

Katrina M. Clingerman is a shareholder in the Indianapolis office of Ogletree Deakins.

David S. Rosner is a shareholder in the Washington, D.C., office of Ogletree Deakins.

Chris Moyers, a paralegal in the Richmond office of Ogletree Deakins, contributed to this article.

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