SECURE 2.0 Act – Section 338. Requirement to Provide Paper Statements in Certain Cases

Section 338. Requirement to Provide Paper Statements in Certain Cases.

Section 338 of the Secure 2.0 Act (SECURE 2.0) amended the Employee Retirement Income Security Act (“ERISA”) to require that qualified retirement plans provide each participant with a quarterly benefit statement in paper form at least once annually (for defined contribution plans) or once every three years (for defined benefit plans).

As under ERISA’s current electronic disclosure rules, however, no paper statement is required to be delivered to participants who have affirmatively elected to receive all plan disclosures in electronic form.

This section also directs the Department of Labor to publish guidance updating ERISA’s electronic delivery rules to ensure that participants receive at least one paper notification informing them of their right to receive plan-related disclosures in paper form prior to furnishing any plan statements in electronic form.

These changes to ERISA’s disclosure rules take effect for the first plan year beginning after December 31, 2025. 

If you have any questions about SECURE 2.0, please contact a member of the Schneider Downs Retirement Solutions team at [email protected].

This article is part of a series highlighting the impact of the SECURE 2.0 on retirement plan sponsors, participants and retirees. You can view our full catalog of SECURE 2.0 articles here or download our comprehensive SECURE 2.0 eBook here.

About SECURE 2.0

SECURE 2.0 was signed into law by President Biden on Dec. 29, 2022, as part of a $1.7 trillion omnibus spending bill.

This massive piece of legislation builds on the foundation that was laid by the 2019 Setting Every Community Up for Retirement Enhancement (SECURE) Act to further improve upon the success of the private employer-based retirement system by making it easier for businesses to offer retirement plans and for individuals to save for retirement.

The full text of SECURE 2.0, including provisions that affect pension and cash balance plans, may be found on pages 2,046-2,404 of the omnibus Consolidated Appropriations Act of 2023.

About Schneider Downs Retirement Solutions

Schneider Downs Retirement Solutions has experience in all facets of qualified and non-qualified plan delivery, which allows us to be flexible to the needs and direction of our clients. Our specialized team of advisers and consultants provide objective advice and expertise to help plan sponsors govern their retirement plans appropriately, mitigate risk, improve participant outcomes and support efficient and compliant plan operations. 

Schneider Downs Wealth Management Advisors, LP (SDWMA) is a registered investment adviser with the U.S. Securities and Exchange Commission (SEC). SDWMA provides fee-based investment management services and financial planning services, along with fee-based retirement advisory and consulting services. Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice. Registration with the SEC does not imply any level of skill or training.