A Daily Network publication
Explore the network
Retirement Capital Daily
Independent Intelligence on Retirement Assets
Wednesday, September 9, 2026The Morning Brief →Sign in
Policy & ERISA

A participant's paper request survives digital delivery

Groom Law guidance says the right to a paper copy covers any electronically furnished document and survives an employer's exemption from annual paper statements.

When communications move to a digital default, the question plan administrators hear is whether participants can still get paper copies. In guidance published in PLANSPONSOR's Ask the Experts series, Groom Law attorneys Kimberly Boberg, Kelly Geloneck, Emily Gerard, and David Levine answer that the right is longstanding, a paper override built into the electronic-delivery mailbox.

The right covers any document furnished electronically — quarterly benefit statements, summary plan descriptions, and safe harbor notices among the examples — and nothing in the guidance ties it to a particular disclosure, so the phrase "any document" gives sponsors the broad reading.

An employer that qualifies for an exemption from the annual paper statement requirement does not lose the participant's paper right, according to the attorneys; the exemption reduces a standing mailing obligation without canceling a participant's ability to ask for an individual document in print.

The distinction has a dollar sign attached: a plan operating under the electronic default saves on postage and paper, but it has to stay able to honor a physical request whenever one arrives. The most practical reading for recordkeepers and sponsors is to keep a print-and-mail capability in place, even when it operates only on exception.

The guidance joins a steady run of administrative notes from Groom: last month this publication reported on the firm's conclusion that mandatory contributions count against the Section 415 annual additions cap, a determination that changes how plans track annual additions. The electronic-delivery item is smaller in scale, but it touches more documents in a typical plan year than any Section 415 calculation.

For an administration team, the Section 415 issue arises on a schedule, while a participant's request for paper can arrive on any business day. A plan that has automated its mailings should not assume it has automated away the envelope.

More from Retirement Capital Daily
Policy & ERISA

AT&T pension suit hits the delegation wall again

A magistrate's second dismissal recommendation in the $8.05 billion Athene annuity case turns on a single ERISA question: who selected the annuity provider?
Policy & ERISA

PBGC rate reset cuts premium funding targets, raises late interest

August recalibration lowers variable-rate premium bases and sets late-payment interest at 7% through the fourth quarter.
The Wrap

The 401(k) adviser becomes the endowment fiduciary

Prime Capital's OCIO launch and a five-point jump in requests for full-menu discretion point the same way: the retirement-plan RIA is consolidating fiduciary control across DC and nonprofit assets.
Elsewhere in the networkAll titles →
Every weekday · 6:30 a.m. ET

The Morning Brief

The private wealth industry in four minutes, every weekday at 6:30 a.m. ET. Free.