"The Final Regs give plan sponsors more options for how to handle this complex plan provision. Some make your life easier, and some may make things more difficult.... Deemed versus affirmative election ... Determination of HPI for controlled/affiliated service groups ... [P]lans with no Roth contributions and HCEs who aren't HPIs ... Including Roth contributions made before limit reached ... [C]orrection deadlines and consequences ... Additional guidance on increased 60-63 catch-up contributions ... [D]iscuss your options as soon as possible with your TPA." MORE >>
"This Roth catch-up requirement creates several potential challenges for employers and their plan service providers, including ... Who is subject to the rule? ... Will deemed elections be implemented? ... What if we can't or don't implement deemed elections? ... What other challenges will your company face? ... How and when will you provide notice and information to participants? ... Questions to consider." MORE >>
"Employers who sponsored self-insured group health plans, including level funded plans and health reimbursement arrangements (HRAs), must pay the PCORI fee by July 31, 2026.... [T]he applicable rate per covered life is determined by a plan year's end date and is increased each year depending on the value of national healthcare expenditures." MORE >>
"[P]lan sponsors will need to consider the available options for compliance, make necessary plan design decisions such as whether to use a separate election and/or deemed election approach and whether to aggregate FICA wages if the employer is part of a controlled group or uses a common paymaster arrangement, and begin operating the plan in accordance with those decisions by January 1, 2026." MORE >>
"[This summary] outlines the major SECURE 2.0 changes, their effective dates, whether they are optional or required, and the steps you can take now to prepare." MORE >>
"For an employee who is approved for intermittent FMLA leave, the employer's first task is to determine the employee's entitlement.... [F]or those employees who don't work a tidy 9-5, this calculation spells trouble -- and heightens the risk of an FMLA interference claim. In its most recent opinion letter, the [DOL] highlights this critical yet common mistake that employers make with a word of caution: When calculating intermittent FMLA leave, always pay attention to the employee's actual work week and regularly scheduled hours." MORE >>
"New York City offers one of the strongest safe and sick leave benefits in the country.... On October 25, 2025, the New York City Council once again amended the ESSTA, primarily to: [1] increase the amount of leave and qualifying reasons under the ESSTA; and [2] narrow employer obligations under New York City's Temporary Schedule Change Law (TSCL) in response to the ESSTA's expanded coverage. These amendments go into effect on February 22, 2026, and significantly alter employers' obligations under both laws." MORE >>
"Today, with the explosion of CITs, Target Date Funds, and revenue-sharing through trust structures, the case for including consultants as defendants has become overwhelming.... Consultants are parties-in-interest under ERISA -- making their compensation a prohibited transaction.... The new era of consultant conflicts: CITs, TDFs & hidden compensation.... Consultants have already paid millions in ERISA settlements -- and more cases are coming.... Litigation theory: how to plead consultant liability." MORE >>
"Courts presiding over the recent spate of lawsuits challenging defined benefit (DB) plan pension risk transfers (PRTs) have issued mixed rulings on whether plaintiffs can proceed with their ERISA claims.... [L]lower courts considering PRT cases are now confronting an issue the high court left unresolved in Thole: Whether DB plan participants can establish standing by alleging that a fiduciary breach has put their future benefits at increased risk." MORE >>
"Understanding what costs can be expensed to the plan -- and which expenses should come out of the employer's piggy bank -- can be complex. This article provides a guide to assess whether expenses can be paid with plan assets and key considerations for plan fiduciaries about the use of plan assets for expenses." MORE >>
"Currently, New York City employers must provide up to 40 or 56 hours of paid safe and sick leave under ESSTA, depending on the employer's size and income.... Now, all employers, regardless of size, must provide all employees with a separate bank of 32 hours of unpaid safe and sick leave. (Yes, this is in addition to the 40 or 56 hours of paid safe and sick leave and the 20 hours of prenatal leave already required!) ... [E]mployees are now entitled to three different banks of leave, which must be kept -- and tracked -- separately:" MORE >>
"Starting no later than January 3, 2028, the FAMLI program will provide most Maryland employees up to twelve weeks of paid leave for certain family and medical reasons, with a possible additional twelve weeks for parental bonding, per benefit year.... The proposed Claims chapter offers additional key definitions, recognizes qualifying events, identifies required documentation, sets deadlines, calculates duration and amounts of benefits, mandates notices to employees and employers, coordinates FAMLI with other benefits, and addresses overpayments and fraud (albeit briefly)." MORE >>
"Fiduciary duties still attach to decisions to add nontraditional investment alternatives to a plan's investment menus.... [P]lan sponsors must thoroughly evaluate alternative investments and any funds that invest in them.... [This article provides] a non-exhaustive list of questions fiduciaries may wish to consider before selecting any alternative investment." MORE >>
"[I]ndustry participants want to add alternative strategies to DC plans, but not on plan menus for participants to select. Rather, plan sponsors want to add them into professionally managed accounts including target-date funds (TDFs) or CITs." MORE >>
"[The plan participants] alleged that Blue Cross Blue Shield of Illinois (BCBSIL) violated Section 1557 of the [ACA] by enforcing categorical exclusions for gender-affirming care in self-funded ERISA plans it administered. Although the panel agreed that BCBSIL is subject to Section 1557 and rejected its arguments premised on ERISA and RFRA, it concluded that the district court's discrimination analysis -- grounded in Bostock v. Clayton County -- could not be reconciled with the Supreme Court's intervening decision in United States v. Skrmetti." [Pritchard v. Blue Cross Blue Shield of Illinois, No. 23-4331 (9th Cir. Nov. 17, 2025)] MORE >>
"[One large client] set up about 200 direct agreements with health systems and regional PPOs. It quickly became too much for them to manage ... [T]his became unwieldy for the providers too. They didn't want to deal with one-off contracts either. Ultimately, the client decided it was just a lot easier and more practical to tap into a national network (easier in the short-term, albeit more expensive in the long term)." MORE >>
24 pages. "How do we -- plan sponsors, financial professionals, and retirement plan providers -- motivate today's multigenerational workforce to plan and save for a 40-year retirement when almost half (44%) are unhappy with their current financial situation? ... [The authors] identified aha moments that can spark participants to take action, starting with lessons learned from current retirees.... By weaving their real life experiences, wisdom, and insight into our participant communications, we can help workers build the financial resilience needed for a rewarding retirement, whether it starts at age 55 or 75." MORE >>
"[T]here is a clear and growing demand among employees for guaranteed lifetime income through in-plan annuities. Yet, despite this interest, market adoption remains sluggish. Why are new entrants struggling to gain traction?" MORE >>
"The USPTO proposed patent rule is the regulatory equivalent of giving with one hand and taking away with the other. It weakens the current patent review process, makes it harder to challenge low-quality patents, raises prescription drug costs, and contradicts the administration’s pro-competition agenda." MORE >>
"Tax law changes over the last decade resulted in a smaller role for itemized deductions overall, including the [itemized medical deducsion (IMD)], and concentrated benefits among older, higher-income taxpayers. The IMD could be reformed to better target relief to those with high medical costs in budget-neutral ways. However, alternative policies would likely more effectively protect Americans against uncovered health risks." MORE >>
"IRS just released the 2026 contribution limits for qualified retirement plans. Knowing those limits, which are adjusted annually for inflation, is crucial to decision-making about nonqualified deferrals for the many employees and executives who are eligible to participate in company NQDC plans.... You may have an extra incentive to defer taxable income if you believe you will be in a higher income-tax bracket in 2026 than you are in 2025 ... While the income-tax rates for most taxpayers with MAGI of over $500,000 are 35% and 37% (the top two brackets), the SALT deduction phaseout can push your actual marginal tax rate to almost 46%." MORE >>
"[A recent event] brought together leading experts to explore the legal, operational, and policy considerations relevant to expanding private market assets access for retail investors through DC plans.... Panelists at the event agreed that there is an opportunity for private market assets to improve retirement outcomes for DC plan investors." MORE >>
"[T]he RBD (when RMDs are officially 'turned on') is April 1 of the year after the year person turns age 73, or April 1 of the year after the year a person retires if using the still-working exception. You must live long enough to reach that date for RMDs to officially begin. [When an employee dies] before the RBD applicable to his 401(k) plan, there is no year-of-death RMD from the plan for his beneficiaries to worry about." MORE >>
"[N]on-governmental 457(b) deferred compensation plans must be amended ... to account for: [1] Extensions relating to commencement of required minimum distributions (RMDs) ... [2] Implementation of the 10-year RMD Rule ... the December 31, 2025 deadline is unique to non-governmental 457(b) plans. " MORE >>
