News Archive

"The Department noted that the proposed rule better aligns the safe harbors with [1] participant preferences, especially elderly, low-to-moderate income, and non-wired-at-work individuals, and [2] each other, in that the proposed changes will reduce differences between each safe harbor's requirements, particularly with respect to rights to opt-out of e-delivery."  MORE >>

"Starting with plan years that begin in 2026, all premium payments must be made electronically, either through pay.gov or by electronic funds transfer (EFT) such as ACH or Fedwire.... If you choose to mail your [Form 5558] please note that postmarks may not accurately reflect the date the U.S. Postal Service accepts your mail.... Four new codes were added [to Form 5500] for DB plans[.]"  MORE >>

"This document extends the comment period on the Department's Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure proposed rule ... [which] was published in the Federal Register on January 30, 2026, with a comment deadline of March 31, 2026. On February 3, 2026, the Consolidated Appropriations Act, 2026 amended ERISA to add several provisions relating to providers of pharmacy benefit management services. Consequently, the Department is extending the comment period for an additional 15 days, to April 15, 2026, to allow interested persons to address whether the rule should be adjusted due to these new statutory provisions."  MORE >>

"Intent alone isn't enough to change beneficiaries on retirement plans.... ERISA requires strict adherence to plan documents, and courts will not honor beneficiary changes made through informal channels like faxes or verbal requests if the plan specifies a different procedure.... Review beneficiary designations after major life events, follow plan procedures exactly, obtain written confirmation, and act promptly." [Packaging Corp. of Am. Thrift Plan for Hourly Emps. v. Langdon, No. 25-1859 (7th Cir. Feb. 2, 2026)]  MORE >>

"In effect, the DOL is signaling to courts (and the public) how it interprets [ERISA], and how plan fiduciaries should act, potentially shaping litigation outcomes and clarifying expectations without formal rulemaking. This approach appears consistent with the DOL's broader agenda aimed at reducing compliance burdens and providing plan fiduciaries with more flexibility in terms of fulfilling the obligations."  MORE >>

"Health plans (including employer sponsors of self-insured group health plans) must update their published NPPs. Coming to the rescue of providers that waited to make the required changes to their Notices of Privacy Practices regarding SUD treatment records, the federal government itself waited until February 16 to update its model Notice of Privacy Practices to provide sample language that can be used to update or help draft NPPs for Part 2 compliance."  MORE >>

"Long insulated from meaningful disclosure obligations, PBMs now face a dramatically different regulatory environment as three major developments converged within days of each other ... Together, these actions create a transition toward PBM transparency."  MORE >>

"This article explores how participant data quietly erodes over time, and why missed deaths and missing participants are often early warning signs of broader risk. It highlights the impact of geographic dispersion and outlines how forward-looking plans are shifting from reactive fixes to defensible data governance. The result: greater confidence in the decisions that matter most as public retirement systems look toward 2026."  MORE >>

"With this initiative, the President is seeking to provide a retirement vehicle for 'forgotten workers' who lack access to employer-sponsored retirement savings vehicles and related matching contributions and, who may, therefore, be disproportionately affected by gaps in retirement readiness.... While this initiative is clearly still in its conceptual stage and no proposed legislative text has been released, several implications may emerge depending on how the program is designed and effectuated."  MORE >>

"Most of the CAA 2026 changes become effective no earlier than 30 months after the effective date of the new law. Accordingly, for a calendar-year plan, most changes are effective January 1, 2029. However, CAA 2026 also revises the ERISA prohibited transaction exemption rules and those changes appear to be effective as of the date of the CAA 2026's passage.... PBMs, plan sponsors and others may feel pressure to implement business changes earlier -- especially in light of the FTC/ESI Settlement."  MORE >>

"[The Consolidated Appropriations Act, 2026 includes] significant disclosure requirements applicable to pharmacy benefit managers (PBMs) -- effective 30 months following the enactment of the legislation -- and the requirement for ALL service providers to group health plans to disclose all direct and indirect compensation they receive in connection with the plan, effective for contracts entered into or renewed after the effective date of the CAA 2026. These new rules will have a significant impact on the contracting process for all group health plan contracts."  MORE >>

"A new plan floated by President Trump would provide workers who don't have employer-sponsored plans with retirement accounts. These accounts will mimic the existing Thrift Savings Plan currently used by federal workers, according to the White House. The initiative builds on a provision in the SECURE 2.0 law that would provide low-income workers with a $1,000 matching contribution to their retirement accounts beginning in 2027."  MORE >>

146 pages. "The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), both of which incorporate the FLSA's scope of employment."  MORE >>

"The Proposed Rule has two main purposes: [1] to allow responsible plan fiduciaries to better fulfill their responsibility of ensuring that PBM service contracts are reasonable under [ERISA] of 1974 ('ERISA'), and [2] to enhance market efficiency and improve access to affordable prescription drugs for consumers. The DOL is requesting comments on the Proposed Rule, with the goal of having the final rule apply to ERISA self-insured group health plans for plan years beginning on or after July 1, 2026."  MORE >>

"Employers must post the updated Notice of Rights and provide it to existing employees in English and any language spoken as a primary language by at least 5% of the workforce ... As of February 22, employers must provide employees with 32 hours of unpaid protected time off, available immediately. New hires must also receive 32 hours of immediately available protected time off.... Paid prenatal leave must be provided as a separate bank and cannot be satisfied by more generous sick leave or PTO policies."  MORE >>

"[R]etirement contributions don't have to be a last-minute task. Funding earlier in the year supports cash flow planning, spreads out contributions, and gives your money more time to work for you.... Early SEP IRA and SIMPLE IRA contributions give retirement assets more time to participate in market movement, which may support long term growth depending on market conditions."  MORE >>

"The Department is not republishing the 2021 rule word-for-word. The proposal includes one substantive edit, a non-substantive edit, and several small modifications to the illustrative examples. But the framework itself -- including the emphasis on core factors -- tracks the 2021 rule."  MORE >>

"Employers are understandably troubled when a worker who is purportedly too sick or injured to perform their job appears to be using FMLA leave for vacation while their employer and co-workers deal with the fallout from their absence. In many cases, employers can use the social media posts to open an inquiry on whether the employee provided misleading information to support their FMLA leave application.... However, employers should not automatically leap to the conclusion that they have been misled before conducting a full review of the circumstances."  MORE >>

42 pages. "Employment-based health coverage remained the dominant source of health insurance for privately insured adults, with six in 10 receiving coverage through their own job.... More than three-quarters of enrollees had a deductible for medical care, including 70 percent of traditional plan enrollees.... Enrollment in high-deductible health plans declined slightly in 2025, and enrollment in consumer-directed health plans and health savings accounts (HSAs) appeared to be relatively stable."  MORE >>

"The proposed rule is essentially a readoption of the Trump administration's 2021 rule with only minor modifications. The DOL explicitly states it is rescinding the 2024 Biden Rule and readopting the 2021 Rule with a few updates. The key structural elements are identical: the same two-core-factor framework and the same three additional guidepost factors. The modifications are minimal. The DOL's proposed rule also dedicates extensive analysis to past court decisions, concluding that this standard formalizes how courts have been deciding independent contractor cases across administrations for decades."  MORE >>

"The DOL made a major step forward with the 404a-5 fee disclosure in 2012.... Wall Street and the Insurance industry ... have moved away from transparent SEC Mutual Fund structures into state-regulated insurance annuity structures and state-regulated CIT structures. These poorly regulated state structures can allow them to hide Crypto, Private Equity, Private Credit, and annuities. While prior DOLs have been passive on this issue, the Trump DOL is actively helping to block fee and risk transparency in statements with amicus briefs."  MORE >>

"LIMRA forecasts slower in‑force premium growth for life and disability products through 2028. Life insurance in‑force premium growth is expected to fall below historical averages, while long‑term and short‑term disability premiums should remain closer to recent norms.... Employers still need competitive benefits packages to attract and retain top talent. Workers increasingly value flexibility, well‑being, and financial security. Advances in technology -- from data analytics to AI -- are enabling more personalized benefit recommendations and communications."  MORE >>

"There is no underlying law or regulation that specifically creates the new website or specifies its terms and conditions. Thus, its impact on employers and plan sponsors is a bit unclear. As currently designed, TrumpRx.gov does not specifically 'integrate' with group health plans. Thus, its impact on plan sponsors may be modest."  MORE >>

"The promise of giving kids 'free money' surely piqued the interest of children and parents alike. Employers, however, are not all rushing to incorporate Accounts into the suite of benefits offered to employees.... [T]he vast majority are waiting on more guidance to determine how the Accounts will operate in conjunction with existing benefits offered to employees."  MORE >>

"One of the requirements under Section 128 of the Code for a valid employer-provided Trump account contribution is that the employer adopt a 'separate written plan.' Although additional guidance may be needed before finalizing a separate written plan document, in light of commentary in the Notice concerning the anticipated requirements of a Trump account contribution program, Section 129 dependent care assistance program plan documents may provide a good starting point for plan sponsors that are considering offering employee pre-tax contributions to Trump accounts."  MORE >>