ERISA requires plan administrators to provide participants and beneficiaries with a variety of notices and plan documents. While paper delivery remains permissible, many ERISA disclosures may be delivered electronically if applicable Department of Labor (DOL) requirements are met.

For health and welfare plans, the DOL's current electronic disclosure framework generally provides two methods for electronic delivery:

• the Workplace Access Safe Harbor and;
• the Affirmative Consent Safe Harbor

In July 2026, the DOL proposed a new electronic disclosure safe harbor for group health plans that would substantially expand electronic delivery. The proposed rule is not yet final or effective but provides a strong indication of what employers may expect from the DOL's final rule.

Current DOL Safe Harbors

Workplace Access (“Wired at Work”) Safe Harbor

Under the current rules, ERISA-required documents may generally be furnished electronically without affirmative consent to an employee who:

• can effectively access electronic documents at a location where the employee is reasonably expected to perform employment duties; and
• uses the employer's electronic information system as an integral part of those duties

This is commonly referred to as the “wired at work” safe harbor.

The standard is based on how the employee performs the job, not merely whether the employee has an email address or access to a computer. An office employee who regularly uses a computer and email as part of normal job duties will generally qualify. An employee who performs primarily manual duties and only has access to a shared workplace kiosk generally will not.

This distinction is particularly important for employers with mixed workforces. An employer may be able to rely on the safe harbor for administrative employees while needing another delivery method for manufacturing, field, hospitality, retail, or other employees who do not regularly use electronic systems as part of their jobs.

Employers should also reconsider the delivery method when employment terminates because an individual who previously qualified based on workplace access may no longer satisfy the safe harbor.

Affirmative Consent Safe Harbor

Individuals who do not qualify under the workplace access standard may receive disclosures electronically if they affirmatively consent to electronic delivery.

Before obtaining consent, the individual must receive a clear statement explaining:

• the documents covered by the consent;
• the right to withdraw consent;
• procedures for withdrawing consent or updating electronic contact information;
• the right to request a paper copy; and
• applicable hardware and software requirements

The consent process must also demonstrate that the individual can access the electronic form that will be used.

This safe harbor can be useful for employees without integral workplace electronic access, as well as former employees, beneficiaries, and other individuals who need to receive ERISA disclosures electronically.

In practical terms, the principal difference between the two current safe harbors is that employees satisfying the workplace-access requirements generally do not need to affirmatively consent, while other recipients generally must consent before the plan relies on electronic delivery.

Electronic Delivery Requirements

Satisfying one of the current safe harbors does not mean that simply posting a document to a benefits website, payroll portal or intranet is sufficient. When documents are posted online, participants generally must receive a separate notice (e.g., mail, email, or text) informing them that the document is available, how to access it, and how to request a paper copy.

The electronic delivery system must be reasonably designed to result in actual receipt. Employers should maintain procedures for identifying and correcting failed or undeliverable communications.

Proposed Additional Safe Harbor

In July 2026, the DOL proposed a new electronic disclosure safe harbor specifically for ERISA-covered group health plans. If finalized substantially as proposed, the rule would make electronic delivery available to a much broader population.

Note: the proposed rule is not currently effective, so the safest approach is for employers to continue following the existing safe harbor guidance until a final rule is available. The proposal remains subject to change before a final rule is issued, so employers should not assume that all provisions will be adopted without modification.

In addition, the proposal applies only to group health plans and does not extend to other welfare benefit plans, such as life or disability benefits, which may limit the ability to provide wrap documents covering a variety of ERISA benefits electronically under this safe harbor.

Moving Toward Default Electronic Disclosure

The proposed rule would establish a notice and access framework. Under the new safe harbor, plans could post covered documents on an accessible website and then notify participants and beneficiaries where the documents can be accessed. This would be available for any individual for whom the employer maintains a current email address or smart phone number. Electronic delivery could effectively become the default for a broader population, while individuals would retain the right to opt out or to receive paper copies.

Initial Notice and Notice of Internet Availability

Before using the proposed safe harbor, the plan administrator would provide an initial notice explaining the electronic disclosure process, the electronic address being used, the right to receive paper copies, and the right to opt out of electronic delivery.

When a covered document is subsequently made available online, the plan would generally send an electronic Notice of Internet Availability (NOIA). The NOIA would identify or describe the document, explain how to access it, and communicate the recipient's paper copy and opt-out rights.

Summary

Under the current DOL framework, electronic disclosure is permissible for employees who are “wired at work,” while affirmative consent is generally needed for other recipients. The proposed group health plan safe harbor would significantly modernize this framework by allowing a broader population to receive disclosures electronically by default.

Employers should continue complying with the existing safe harbors while monitoring developments on the proposed group health plan rule and evaluating whether current systems could support a future notice and access framework.

Important considerations include maintaining an accessible website and reliable electronic addresses or smartphone numbers, monitoring failed delivery, and handling paper copy and opt-out requests.

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