News Archive

"[Attorney Jamie Fleckner] recommends that fiduciaries make sure the plan document is 'consistent with what company and fiduciaries are looking for.' Fiduciaries should look holistically at the document, and 'if you want to offset, either mandate that or allow that.' ... [Attorney David Levine] makes a similar recommendation. Sponsors should look at their documents and evaluate their process to see if the two align."  MORE >>

"Many middle- and upper-income savers assume they will face a higher tax rate in retirement, but that might be less likely than they think. A taxpayer's effective tax rate is lower than their top marginal rate. Careful tax analysis -- not speculation -- should inform the choice between making traditional and Roth contributions at work."  MORE >>

"The [CMS] understands that funds in many QHP issuers' Section 1303 segregated accounts holding payments received for coverage of non-Hyde abortion services have accumulated year over year ... These segregated accounts may also generate interest, further increasing the total amount accumulated. These FAQs ... and provide guidance on how QHP issuers in the individual market can use the accumulated funds in their Section 1303 segregated accounts, and the non-Hyde abortion segregated accounts in particular."  MORE >>

"Taking no more than your RMD generally is advantageous because of tax-deferred compounding. But a larger distribution in a year your tax bracket is low may save tax. Be sure, however, to consider the lost future tax-deferred growth and, if applicable, whether the distribution could: [1] cause Social Security payments to become taxable, [2] increase income-based Medicare premiums and prescription drug charges, or [3] reduce or eliminate the benefits of other tax breaks with income-based limits, such as the new $6,000 deduction for seniors."  MORE >>

"The Proposed Rule's exclusion of HRAs from Part D notice requirements would ease the administrative burden for employers offering HRAs and TPAs administering HRAs, but would not change the notice requirements for GHPs that directly offer prescription drug benefit coverage."  MORE >>

"While [Notice 2026-5] provides some helpful clarification, it points the public to other, not very straightforward, sources for determining which telehealth services may be provided ... [It] permits an individual who does not even purchase a bronze or catastrophic plan available through an Exchange to be HSA-eligible, but again, the guidance points the public to other sources to determine whether the rules are satisfied.... [T]he guidance on direct primary care arrangements ... suggests that, except for a narrowly defined arrangement, an individual cannot participate in a direct primary care arrangement and contribute to an HSA at the same time."  MORE >>

Dec. 10, 2025. Video with testimony from: [1] James R. Copland, Manhattan Institute; [2] Chad Williams, Edward Jones; [3] Richard Fiesta, Alliance for Retired Americans.  MORE >>

"Judge Glenn Suddaby of the U.S. District Court for the Northern District of New York in Syracuse declined a dismissal motion for governmental immunity by the Nation's hospitality and gaming company ... Suddaby's ruling on [ERISA] lawsuit, brought in December 2024 by three former police officers, said he wouldn't dismiss the case against the company's benefits plan and investment committee, because the retirement plan also covers non-government casino employees who represent most of the plan participants." [Jones v. Turning Stone Enterprises LLC, No. 24-1596 (N.D.N.Y. Dec. 9, 2025)]  MORE >>

"Today's cost landscape cannot be separated from the pandemic's lingering effects ... Insurers and public payers infused billions into health systems to stabilize them. Those temporary lifelines now factor into renewed rate negotiations as providers seek to recover lost margins, resulting in tighter carrier underwriting and rising renewal costs for employers.... Maryland provides a clear example of how policy shifts can reshape employer health costs."  MORE >>

"Heath savings accounts (HSAs) are proving to be a way for many employers and employees to better control health care costs, thanks to their tax benefits, lower premiums, and long-term investment opportunities. Learn how to drive greater participation throughout the plan year."  MORE >>

"“Senator Cassidy and Senator Kaine embody the spirit and leadership of this award through their strong bipartisan commitment to advance policies to help more of America’s workers and retirees achieve a secure and dignified retirement,” said Wayne Chopus, President and CEO at IRI. “It is our privilege to present them with IRI’s Federal Champion of Retirement Security Award.”"  MORE >>

"Benefits teams hold the keys to many digital health innovations, and they are uniquely positioned to help employees access faster care, more convenient provider visits, and the latest apps, all while keeping affordability in mind.... [1] AI tools for talk therapy and mental health.... [2] GLP-1 access and affordability.... [3] Telemedicine expansion."  MORE >>

"VEBA structures differ between organizations, and by assessing key factors such as tax implications, liquidity needs, and risk tolerance, organizations can develop thoughtful investment strategies to support the long-term health of their VEBA assets."  MORE >>

"The IRS Employee Plans recently digitalized Form 15315 to allow you to electronically report the actuarial certification of a multiemployer defined benefit plan's funding status. The Mobile Friendly Forms webpage has a glitch that won't allow you to enter a date beyond Dec. 31, 2025, or plan numbers beginning with 0; for example, 002. Note: The IRS is now accepting Form 15315 certifications by mail, fax or email."  MORE >>

"[T]his year's list includes changes to the rules for required minimum distributions (RMDs) made by the [SECURE Act] of 2019 (SECURE 1.0) and certain RMD changes made by the SECURE 2.0 Act of 2022. These provisions now have a plan amendment deadline that is one year later than the deadline that applies to most other SECURE 1.0 and 2.0 provisions."  MORE >>

16 pages. "This notice provides guidance on changes relating to health savings accounts (HSAs) enacted by ... the One, Big, Beautiful Bill Act (OBBBA). These changes generally expand the availability of HSAs under section 223 of the Internal Revenue Code. This notice provides answers to common questions related to these changes."  MORE >>

"Starting January 1, 2026, the state is expanding its FAMLI program to support employees facing one of the most stressful early experiences of parenthood: a newborn's stay in a neonatal intensive care unit (NICU). Employees may qualify for a separate category of paid leave for NICU stays, allowing parents to spend essential time with their hospitalized newborn while preserving their full bonding leave once the child is home."  MORE >>

"[T]he Fourth Circuit affirmed the district court's judgment finding that the ERISA plan administrator properly interpreted a qualified domestic relations order (QDRO) and correctly calculated the participant's monthly annuity. The court also upheld the denial of statutory penalties for the delayed production of plan documents." [Gasper v. EIDP, Inc., No. 24-1959 (4th Cir. Dec. 8, 2025)]  MORE >>

"The plaintiffs contended that the plan documents stated that forfeiture funds should be used to restore participants' accounts or pay down plan expenses before being used to reduce company contributions.... [The judge] wrote that the plan document did not require the company to use forfeiture funds in any specific order. Instead, the employer had discretion to allocate the funds among the three listed purposes as it saw fit." [Garner v. Northrop Grumman Corp., No. 25-0439 (E.D. Va. Dec. 4, 2025)]  MORE >>

"[Notice 2025-68] provides Q&As addressing the various Trump account requirements, along with a number of important clarifications regarding: [1] how the accounts are established, [2] available contribution sources (including the pilot program and employer programs), [3] distribution and investment restrictions, [4] reporting requirements, [and] [5] the (in)applicability of ERISA for employer programs."  MORE >>

"The One Big Beautiful Bill Act allows employers to raise the dependent care FSA exclusion limit starting Jan. 1, 2026. This is the first time since 1986 and offers meaningful additional tax savings for employees. Employers must amend plan documents to implement the higher limit. Without a formal update, plans will not be able to offer the increased contribution cap in 2026. Plan amendments must be executed by Dec. 31, 2025 to adopt the new limit."  MORE >>

"All HIPAA Covered Entities must update their Notice of Privacy Practices (NPP) by February 16, 2026, to address certain uses and disclosures of Part 2 Records. Additionally, all Part 2 programs (including those that are not HIPAA Covered Entities) must make comprehensive changes to their privacy notices by February 16, 2026, to include additional statements."  MORE >>

"The Fifth Circuit's dismissal of DOL's appeal does not ... make all the problems created by DOL's decades long attempt to change the 1975 rule go away. There remains a set of issues under Prohibited Transaction Exemption 2020-02 Improving Investment Advice for Workers & Retirees, issued in 2020 and subject to litigation in at least two separate district courts."  MORE >>

"More lawsuits will survive motions to dismiss. They'll get past the gate. That means discovery. That means costs. That means plan sponsors and fiduciaries need to be sharper than ever.... [1] Audit all your service-provider contracts.... [2] Ask your advisor: 'When was the last competitive bid?' ... [3] Review your committee and fiduciary process.... [4] Update your disclosures and communications.... [5] Don't ignore the cost. Litigation is expensive.... [6] Consider monitoring litigation risk as part of your fiduciary oversight."  MORE >>

"The court ruled that the ACA does not authorize HHS to delegate its duty to certify to an employer that an ESRP penalty is owed. As such, HHS exceeded its authority under the ACA by attempting to delegate this function ... [T]here is no nationwide injunction against the agencies regarding the current assessment process; the relief in this decision is applicable solely to this particular set of facts.... If upheld, it may require the IRS and HHS to develop a new process for imposing ESRPs." [Faulk Company, Inc. v. HHS, No. 24-0609 (N.D. Tex. Apr. 10, 2025)]   MORE >>