News Archive

Rev. Dec. 2025; 85 pages. "This publication gives you the information you need to determine the tax treatment of your pension and annuity income under the General Rule.... The General Rule is one of the two methods used to figure the tax-free part of each annuity payment based on the ratio of your investment in the contract to the total expected return."  MORE >>

"In response to recommendations from the [GAO], the IRS has made the new model notices easier for participants to read and is urging plans to make each notice available as soon as possible before the distribution date so the participant can make educated decisions about whether to receive or roll over the distribution.... Plan administrators that use the safe-harbor notice should switch to the new model notices as soon as possible."  MORE >>

"Through the website, patients will be able to access large discounts on many of the most popular and highest-priced medicines in the country, paying prices in line with the lowest paid by other developed nations (known as the most-favored-nation, or MFN, price)."  MORE >>

"[T]he government funding bill that was signed into law on February 3, 2026 ... contains three reforms that apply to Medicare Part D and two that apply to commercial PBMs.... DOL issued a proposed rule on January 29, 2026, to require commercial PBMs to report on several transparency measures to plan fiduciaries of self-insured group health plans subject to [ERISA]."  MORE >>

"[S]ponsors of qualified and Section 403(b) plans have until December 31, 2027, to amend their plans for the RMD changes included in the 2025 RAL. The SECURE 2.0 RMD changes that were not included in the 2024 final regulations are expected to be included in a later RAL ... The 2025 RAL also states that the final regulations issued in 2025 regarding SECURE 2.0's Roth catch-up requirement for high earners are expected to be included in the 2027 RAL. If that proves to be the case, plan sponsors will have until December 31, 2029, to amend their plans to include the Roth catch-up provisions."  MORE >>

"The EBSA's position falsely suggests that fiduciary prudence is an either-or proposition, while fiduciary prudence under ERISA actually requires consideration of both procedural and substantive prudence.This analysis argues that an exclusive focus on proceduralism is inconsistent with ERISA's legislative history, ignores the dual nature of fiduciary prudence, and creates a regulatory environment that favors the insurance industry over plan participants and at the expense of both plan participants and their beneficiaries."  MORE >>

"[1] Determine if you are a covered employer.... [2] Recognize eligibility and qualifying reasons for leave.... [3] Understand the requirements.... [4] Know when you can require employees to provide certification for leave requests.... [5] Notify employees of their rights.... [6] Communicate clearly."  MORE >>

"The problem isn't the DTC model. It's the assumption that the federal government needs to run it.... If the administration wants to expand direct-to-consumer drug purchasing, the most effective role it can play is not to build a federal platform but to eliminate policy barriers that hinder private actors from competing, innovating, and lowering prices on their own."  MORE >>

"[T]he court held that the plaintiff had Article III standing to seek plan reformation under Section 502(a)(2). The court emphasized that the plaintiff plausibly alleged a concrete injury -- reduced monthly benefits -- and that reformation of the plan's actuarial assumptions could redress that injury.... The court reaffirmed that Section 502(a)(2) claims are inherently representative and must be brought on behalf of the plan. Enforcing an individual-only arbitration clause would therefore operate as a prospective waiver of a statutory remedy[.]" [Duke v. Luxottica U.S. Holdings Corp., No. 24-3207 (2d Cir. Feb. 5, 2026)]  MORE >>

"In this article [the authors] explain why postmarks matter to retirement plans, clarifications in the final rule, and what plan administrative changes may be needed to ensure mail is timely postmarked, and [they] list the operational items plan sponsors and their advisors may need to review and potentially adjust going forward."  MORE >>

"Perhaps the biggest open question: Will Trump Accounts be subject to ERISA? ... [Until] guidance arrives, employers face uncertainty about fiduciary obligations, reporting requirements, and administrative burdens.... Early adopters like the major financial institutions have the resources and expertise to navigate ambiguity. For most employers, waiting for final regulations and ERISA guidance before committing may be the prudent path."  MORE >>

"The [FTC] announced a landmark settlement with Express Scripts (ESI) following allegations that the PBM's rebate‑driven formulary practices contributed to artificially inflated insulin list prices and higher out‑of‑pocket costs for patients. The settlement requires ESI to implement significant reforms aimed at increasing transparency, reducing member cost‑sharing, and shifting away from pricing models that prioritize high‑list‑price drugs.... The settlement is currently in a 30‑day public comment period."  MORE >>

"[W]hen a school closes for part of a week during which an employee uses less than one full week of leave pursuant to the FMLA, the period when the school was closed must not be counted as FMLA leave, unless the employee was scheduled and expected to work during the period and did not.... Conversely, when school is closed for part of a week during which an employee is slated to use a full week of FMLA leave, the entire week may be counted as FMLA leave."  MORE >>

"Here is an example showing the results of comparing seven plans for a small business. The owner was willing to spend on staff an amount equal to 5.0% of their total combined payroll.... The results show the differences that can be obtained from various plan designs."  MORE >>

"This summary focuses on the responsibilities and role of ERISA fiduciaries in managing plan investments.... [1] Evaluate and update the investment structure ... [2] Draft and periodically review the Investment Policy Statement (IPS) ... [3] 404(c) and QDIA oversight ... [4] Review and monitor investment manager performance ... [5] Monitor and benchmark plan fees ... [6] Managed accounts evaluation and monitoring ... [7] Oversee required employee communications ... [8] Review overall plan utilization ... [9] Review defined contribution trends and overall plan effectiveness."  MORE >>

"HR 7362, the Form 5500 Filing Simplification Act ... would extend the deadline for filing the form by almost three months.... This effectively would mean that the deadline for calendar-year plans to file the Form 5500 would be Oct. 15, not the current July 31."  MORE >>

"This guide explains what fertility benefits typically include, how state mandates work, and what insurance covers IVF depending on plan type. It also includes an A-Z list of fertility insurance mandates across all 50 states."  MORE >>

"Under the previous version of the Rules, employees were required to provide 24 hours' notice before taking each day of intermittent PLO leave. OED removed this notice requirement, explaining that the PLO statute does not currently give OED authority to establish it. Requirements for when employees must notify employers of changes to leave dates were also removed for the same reason. Removal of these provisions creates challenges for employers attempting to plan for an employee's use of PLO leave."  MORE >>

"Social Security constitutes half of income for the typical older adult. Income from retirement plans ... represents about a fifth of income on average.... The typical employee contribution rate to a defined contribution savings plan is between five and six percent and the typical employer contribution rate is just under three percent.... Retirement savings represent about a quarter of financial assets on average for the typical working adult, while home equity represents about a third."  MORE >>

"Delphi Technologies ... was spun off from General Motors (GM) in 1999. In May 2009, Delphi's pension plans were terminated, and responsibility for the payment of plan participants' benefits was turned over to the [PBGC]... Some participants in Delphi pension plans whose benefits were reduced by PBGC claimed that their pension plans were wrongly terminated and have sought relief via both judicial and legislative processes." [IF12171 updated Feb. 5, 2026]  MORE >>

"[T]here are a variety of creative options for employers who want to provide access to GLP-1 drugs prescribed for weight loss but who also want to contain costs. But, as with any benefits program, each employer must carefully consider the associated risks with these options and ensure they can be tailored to suit the employer's individual needs. These options include health reimbursement accounts and health flexible spending accounts."  MORE >>

"Nearly 70% of remote and hybrid workers say their work-life balance has improved over the past year, with a similar share reporting lower work-related stress compared with office-based work. Job confidence remains strong as well: 75% of workers feel secure in their roles, and close to 80% report high job satisfaction."  MORE >>

"The question now before the Court is whether plaintiffs alleging imprudence based on underperformance must plead a 'meaningful benchmark' at the motion-to-dismiss stage and, if so, how closely the comparator must align with the challenged fund's objectives, risks, and strategy.... Briefing and oral argument will occur this spring and a decision is expected in or before June 2026." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025; cert. pet. granted Jan 16, 2026, No. 25-498)]  MORE >>

"The U.S. 7th Circuit Court of Appeals awarded a deceased retirement plan participant's assets to his ex-wife, ruling that [the participant's] faxed beneficiary change request did not meet the [retirement] plan's formal requirements for changing beneficiaries.... Although the appellate court's three-judge panel agreed that his actions clearly showed intent, it ruled that his action was not similar enough to processes set forth in the plan documents to qualify." [Packaging Corp. of Am. Thrift Plan for Hourly Emps. v. Langdon, No. 25-1859 (7th Cir. Feb. 2, 2026)]  MORE >>

"The Consolidated Appropriations Act, 2026 (CAA) (HR 7148) ... added sweeping reporting mandates to ERISA related to the provision of pharmacy benefit management services for ERISA-covered group health plans.... The mandates regulate contracting by group health plans, health insurance issuers offering group health insurance coverage, entities providing pharmacy benefit management services on behalf of a plan or issuer, and 'applicable entities.' "  MORE >>