"If a plan administrator uses the 2002 and/or the 2020 safe harbors, the content of notices and disclosures related to benefit statements likely need to be revised when the 2026 Proposed Regulations are finalized.... [E]mployers may wish to split the process into two elections -- one for the electronic delivery of statements and one for the electronic delivery of all other plan communications. Otherwise, a person who elects into paper statements would need to receive all plan communications on paper. " MORE >>
"[Notice 2026-33] stated that 'no distribution will be treated as a qualified long-term care distribution unless a long-term care premium statement with respect to the employee has been filed with the plan.'... As a safe harbor, plan administrators are explicitly permitted to rely on the carriers' long-term-care premium statement to verify that: an issuer disclosure was made to the Secretary of the Treasury by the provider of the long-term-care coverage; the insurance is certified; and the premium amounts are correct." MORE >>
"If finalized, the proposed rule would provide a compliant path for employers that desire to offer fertility benefits to their employees on a carve-out basis.... The Departments have expressly requested input on whether the rule should take immediate effect (rather than a January 1, 2027, effective date), the amount of the lifetime limit, whether the limit should instead be an annual limit, and other comments or data that may provide insight into potential fertility benefit plan design and utilization." MORE >>
"A unanimous U.S. Supreme Court ruled that ERISA does not require pension plans to assess withdrawal liability based on actuarial assumptions adopted before the measurement date.... [R]equiring actuaries to use assumptions selected before the measurement date could prevent them from relying on the most up-to-date data when selecting their assumption." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
"If your New Jersey business has 15 or more employees, you will soon be required to provide job-protected family leave under state law. Effective July 17, 2026, the NJ Family Leave Act amendments lower the coverage threshold from 30 employees to 15 and dramatically reduce employee eligibility requirements.... This article outlines the key changes and explains what they mean for New Jersey employers, particularly small businesses entering the NJFLA's scope for the first time." MORE >>
"The new paid sick leave requirements go into effect on July 1, 2027 for employers with at least 50 employees, and then will be introduced in phases over the next 18 months. On January 1, 2029, all employers with at least one employee will be covered by the mandate. The newly enacted mandate reflects a significant expansion of the state's existing paid sick leave law ... The new mandate includes a broad definition of employee[.]" MORE >>
"[T]he US Supreme Court ... [held] that, under [ERISA], an actuary for an underfunded multiemployer pension plan may calculate an employer's withdrawal liability based on actuarial assumptions adopted after the relevant measurement date for withdrawal liability. In other words, the actuary is not required to select actuarial assumptions 'as of' the measurement date." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
23 slides. "All employers, including state and local government employers, with one or more employees working in Minnesota. Employers with 30 or fewer Minnesota employees have a reduced contribution rate if certain conditions are met (and may qualify for a small employer assistance grant).... Initial contribution rate is 0.88% of wages; subject to change beginning in 2027, but cannot exceed 1.2%." MORE >>
"[The district court] granted Unum's motion to enforce a settlement agreement reached at mediation and awarded Unum its attorney fees incurred in pursuing enforcement. The decision is a sharp reminder that, at least in the Sixth Circuit, parties who say a case has 'settled' in filings with the court, and who behave for months as if it has, will be held to that representation even if a written release is never signed." [Williams v. Unum Life Ins. Co. of Am., No. 25-0061 (E.D. Tenn. May 19, 2026)] MORE >>
"Employers planning to exit a multiemployer pension fund may wish to carefully consider the timing of the withdrawal. The measurement date for withdrawal liability will be the end of the plan's fiscal year prior to withdrawal, but the actuarial assumptions may be tied to a later date." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
"Under the federal FMLA, an employer needs only to articulate a legitimate, nondiscriminatory reason for the adverse action. By contrast, under the Massachusetts PFMLA, the employer must justify its decision by clear and convincing evidence. Employers should think twice (and then, think again) about whether the risk associated with a termination or any other adverse employment action within the six months following an employee’s PFMLA leave is worth the business decision behind it." MORE >>
"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. Coverage patterns have been largely stable, with about one-third enrolled in individual-only coverage and most others covering a spouse or partner.... More than three-quarters of enrollees had a deductible for medical care, including 70 percent of traditional plan enrollees. " MORE >>
"56% of brokers are now recommending the program as an option. The number of brokers who said they moved at least one client to an ICHRA plan reached 37% in 2026, increasing from 15% in 2024." MORE >>
"In a unanimous decision delivered by Justice Ketanji Brown Jackson, the Court held that ERISA Sections 1391 and 1393, which govern the calculation of withdrawal liability, do not require the actuarial assumptions to be selected on or before the measurement date. Instead, the Court said that the 'as of' language in Section 1391 means that while the hard data that feeds the UVB calculation must be fixed on the measurement date, the calculation itself can be performed after the date." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
"Why timing matters: The successor plan rule and pre-closing 401(k) plan termination ... Buyer's post-closing options if the plan is not terminated before closing ... Practical issues and potential complications for buyers to consider: [1] Outstanding participant 401(k) plan loans ... [2] Recordkeeper requirements ... [3] Plan investment options with unique potential costs or timing considerations." MORE >>
"The Education and Workforce Committee passed [bills on May 21 which would] ... increase health care transparency, lower prescription drug costs, and strengthen retirement security.... [1] Form 5500 Filing Simplification Act [HR 7362] ... cuts unnecessary paperwork for retirement and employee benefit plans by simplifying federal reporting requirements and updating filing rules. [2] PBM Kickback Prohibition Act [HR 7895] cracks down on PBM kickbacks and helps ensure health plan design decisions are made in the best interest of patients and employers -- not corporate middlemen. [3] Transparency in Billing Act of 2026 [HR 8684] ... increases transparency for workers and families by requiring hospitals to bill honestly about where services are being provided." MORE >>
106 pages. "[This report] provides an in-depth view of employers' organizational concerns, business practices, and health, welfare, and retirement benefit offerings. The report compares employer perceptions versus worker realities, and it breaks down survey findings by company size. It also discusses best practices and outlines recommendations for employers." MORE >>
"ICHRAs and QSEHRAs both allow employers to reimburse employees tax-free for individual health insurance premiums and qualifying medical expenses. Both are employer-funded (as HRAs are required to be), neither requires a traditional group health plan, and both share a common lineage in the broader HRA regulatory framework. But the similarities largely end there. The two arrangements differ materially in employer eligibility, contribution flexibility, employee coverage requirements, ACA interactions, and reporting obligations. These distinctions are important for employers to consider in evaluating either of these options." MORE >>
"When adding coverage for weight and obesity care, consider how a long-term, adaptive model can deliver consistent clinical outcomes while maintaining financial predictability. For example, a framework that includes GLP-1 coverage for weight loss should be integrated with a broader, whole-person care model that combines medication with a proven behavioral and lifestyle program, clinical oversight and care coordination." MORE >>
"The terminations leave the panel with just eight sitting members. Five other members saw their terms expire at the start of this year, and Kennedy did not replace them, and the previous chair, Michael Silverstein, departed on his own ... The task force issued fewer recommendations than was typical last year and missed a deadline for a legally mandated report to Congress after Kennedy postponed its meetings indefinitely ... Kennedy is accepting nominations for open positions on the task force, and the nomination deadline is this Saturday, May 23." MORE >>
15 pages. "The question presented in this case is whether the 'as of' language sets the measurement date as the deadline by which actuaries must select the assumptions that underlie the withdrawal-liability calculation. The Court of Appeals for the D. C. Circuit held that it does not, concluding that actuaries may select their assumptions after the measurement date. We agree. The statute governing the selection and use of actuarial assumptions in the withdrawal-liability context contains no requirement that actuaries use assumptions adopted prior to the measurement date." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
"The plan's qualified default investment alternative -- a suite of custom target-date funds spanning vintages from 2025 through 2060 -- allegedly underperformed its benchmarks and was invested largely in other challenged funds, effectively compounding the harm." [Rivetti v. American Express Co., No. 26-4082 (S.D.N.Y. complaint filed May 15, 2026)] MORE >>
"Health FSAs must provide 'uniform coverage,' the Section 125 nondiscrimination rules require employers to provide a 'uniform election' with respect to contributions, and employers must implement cafeteria plan elections on a 'uniform interval'." MORE >>
"Federal agencies released a proposed rule that provides a framework for employers to offer fertility benefits as a HIPAA excepted benefit, allowing broader access to coverage through mechanisms such as a self-funded health reimbursement arrangement. The new pathway contains several requirements, including a lifetime maximum of $120,000 (indexed), and a notice obligation, along with other requirements related to the benefit offering structure. If finalized as written, the rule would become effective for plan years beginning on or after Jan. 1, 2027. Federal agencies will take public comments until July 13, 2026." MORE >>
"[O]nce the regulation is finalized, there [is likely to] be a challenge to the DOL's authority to grant a regulatory safe harbor of this type. The key question is whether this regulation limits the scope of the prudent person rule of ERISA.... [S]ection 505 was not broad enough to allow the DOL to write a new regulation defining fiduciary advice, so it may not be broad enough to allow a grant of a fiduciary safe harbor." MORE >>
