The Department of Labor this week issued a new temporary enforcement policy providing retirement plan administrators and service providers with a measure of short-term relief as the industry prepares for SECURE 2.0’s new paper statement requirements to take effect for plan years beginning after Dec. 31, 2025.
The guidance, in the form of Field Assistance Bulletin No. 2026-02, signals that the DOL recognizes ongoing uncertainty around implementation details—particularly as final regulations governing electronic disclosure safe harbors have yet to be finalized.
At the center of the issue is SECURE 2.0’s requirement that defined contribution plans furnish at least one paper pension benefit statement annually, while defined benefit plans generally must provide a paper statement at least once every 3 years. The DOL’s proposed rule making amendments to electronic disclosure safe harbors pursuant to the implementation of Section 338 of SECURE 2.0, issued back in February, outlines how plans may continue relying on electronic delivery frameworks while still satisfying the new paper disclosure requirements. The comment period for the proposed rule ended on April 27, 2026, with the DOL currently sifting through them to determine what if any changes need to be made before a final rule is issued.
However, with many calendar-year plans facing quarterly statement deadlines beginning in May 2026, plan sponsors and recordkeepers had raised concerns about how to comply before final rules are in place.
Under the temporary enforcement policy issued on Tuesday, the DOL says it will not take enforcement action against plan administrators acting in “good faith” under a reasonable interpretation of either the SECURE 2.0 statutory requirements or the proposed regulations. That gives recordkeepers and plan fiduciaries additional flexibility while operational processes, participant communication strategies, and disclosure systems are updated.
The guidance reduces the immediate risk of compliance penalties and eases pressure on plans racing to adjust statement delivery systems. But it also reinforces the idea that paper disclosures are not disappearing entirely, even as the industry continues moving toward digital-first participant engagement. Recordkeepers, TPAs, and plan sponsors will still need to prepare for eventual final regulations that could require updated opt-out notices, expanded participant choice around delivery methods, and additional administrative controls tied to paper statement fulfillment.
The bulletin also shows how the DOL is attempting to strike a balance between participant protection and modernization. While electronic disclosure remains central to retirement plan communications, lawmakers and regulators continue to express concern that some participants will struggle in a fully digital environment. The DOL’s enforcement relief offers breathing room, but it does not alter the broader compliance shift SECURE 2.0 has set in motion.
Questions concerning the bulletin may be directed to Rebecca Davis in the DOL’s EBSA Office of Regulations and Interpretations at (202) 693-8500.
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