"The court agreed with plaintiffs that the type of individual harm they alleged could, under certain circumstances, constitute injury-in-fact for standing purposes.... The court nevertheless concluded that the actual facts plaintiffs alleged could not satisfy Article III's standing requirements because their alleged harm was speculative and ultimately not redressable.... The court's fundamental point was this: even if plaintiffs prevailed in this case and received all the relief they requested, Wells Fargo could still increase their contribution amounts under the terms of the plan without violating ERISA." [Navarro v. Wells Fargo & Co., No. 24-3043 (D. Minn. Mar. 24, 2025)] MORE >>
"This guide provides a high-level reference resource, in a plan-by-plan format, on how to approach each type of compensation or benefit arrangement when an employee dies, and offers up some practical tips on employee benefits issues that may come up as you manage your company’s compensation and benefit administration for a deceased employee." MORE >>
"While directed at federal agencies, [recent Executive Orders] signal a shift in the administration's opinions that may trickle down to states ... This alert also includes an overview of other pressing state news updates and benefit issues from the past quarter, including new rulemaking for existing state programs.... The executive orders issued on gender-affirming care are inconsistent with some state laws and many states have promptly responded with their own directives to continue providing gender-affirming care under state law requirements." MORE >>
This 204-page report describes, and organizes by topic in detail, over 300 FMLA decisions of federal and state courts from November 1, 2023 through October 31, 2024. MORE >>
"[P]lans should ensure that their comparative analyses and fiduciary certification(s) are completed in the near term. Additionally, while the relevant data evaluation requirements don't take effect until 2026, meeting these requirements may require establishing new processes for data collection and measurement. These processes may take time to develop and implement and should be in place long enough in advance of the requirements taking effect that sufficient data will be available for analysis." MORE >>
"[A] 401(k) or 403(b) plan will satisfy the mandatory automatic enrollment requirement only if the plan provides an EACA that covers all employees in the plan who are eligible to elect to have contributions made on their behalf. This includes long-term, part-time employees.... The regulatory amendments are designed to align with the mandatory automatic enrollment requirements described in Section 101 of SECURE 2.0. They also support SECURE 2.0 provisions that allow employers to forego sending annual EACA notices to unenrolled participants and to combine two or more mandatory notices." MORE >>
"Participants between age 60 and 63 whose employers opt to offer the additional catch-up can elect to contribute the maximum $23,500 + $11,250= $34,750, or $2,895.33 per month, or $668.27 weekly, but if the employer codes the payroll software so that the mechanics follow the law, no part of the employee deferral will be considered a catchup until August. It means that there is time to get it right." MORE >>
"The Ruling specifically avoids addressing the tax consequences and reporting requirements related to contributions to and benefits paid from a private plan established by an employer in lieu of a State's PFML program.... The IRS provides helpful transition relief for 2025 ... The Ruling does not address State tax consequences.... The Ruling describes facts related to a PFML program in the hypothetical 'State X' and then describes six scenarios." MORE >>
42 pages; Jan. 29, 2025. "No additional states enacted new PFML programs in 2024. Contributions to a number of programs established in 2022 and 2023 begin this year, with benefits to begin in 2026.... Compared with the FMLA, state programs typically have less stringent eligibility standards, longer leave durations and additional qualifying reasons for leave. But job protections tend to be less clear than FMLA requirements, and some states have a parallel law providing job protection." [Also available: Paid Family and Medical Leave Snapshots across the US (slide deck)] MORE >>
"[The authors provide a detailed chart that describes] how each of these account types varies around eligible employers; eligible employees; the need for a plan document; who can make contributions to the account; this year's contribution limits (if any); the tax benefits to the employee and to the employer; and if investment earnings (if any) are taxed. [The chart also covers] funds availability to participants; any carryover provisions; portability of the account; eligible expenses to be reimbursed; substantiation requirements; and whether debit cards are available." MORE >>
"Although the Paperwork Burden Reduction Act simplifies the Form 1095-C distribution process at the federal level, this Act does not change the distribution requirements for states with individual health insurance mandates (e.g., California, New Jersey, Rhode Island, etc.) ... Now that the federal rules allow an ALE to count posting the 'Notice of Availability' as a method of properly 'furnishing the Forms 1095-C to employees,' it seems reasonable to take the stance that if an employer provides the Notice of Availability to its employees, it will have satisfied both the federal and California state furnishing requirements." MORE >>
"The proposed regulations make clear that the mandatory Roth catch-up provision will entail significant administrative complexity for employers and plan administrators, whether or not the plan offers a qualified Roth contribution program. Moreover, although the increased catch-up provision is an optional design change, plan sponsors have encountered a number of important considerations regarding implementation. Both require plan sponsors to coordinate with payroll, third-party administrators, and other stakeholders, and to work with counsel to ensure compliance with the legal requirements based on their particular circumstances." MORE >>
60 pages. "Key findings in this [FTC] staff report include: [1] The Big 3 PBMs marked up numerous specialty generic drugs dispensed at their affiliated pharmacies by thousands of percent, and many others by hundreds of percent.... [2] A larger share of commercial prescriptions for the most profitable specialty generic drugs were dispensed by the Big 3 PBMs' affiliated pharmacies compared with unaffiliated pharmacies.... [3] The Big 3 PBMs' affiliated pharmacies generated over $7.3 billion of dispensing revenue in excess of NADAC on specialty generic drugs over the study period.... [4] In the aggregate, the Big 3 PBMs also generated significant income on the specialty generic drugs assessed in this report from spread pricing ... [5] Plan sponsor expenditures and patient cost sharing on specialty generic drugs increased at double-digit compound annual growth rates during the study period." MORE >>
"This post describes dozens of implications for those affected personally by the Social Security Fairness Act and [the] WEP and GPO repeal. Some financial implications may also be useful for anyone who experiences any sustainable monthly income infusion.... The post concludes with a summary of research about the role of Social Security in retirement investment decisions, three 'need to know' facts, and six take-away action steps." MORE >>
2025 edition; 49 pages, with audio. "Topics ... [1] Plan Document and SPD: Understanding the role of wrap documents to satisfy ERISA requirements ... [2] Form 5500: When the reporting requirement applies, the potential penalties, and distributing the SAR to employees ... [3] A practical look into the core four ERISA fiduciary duties for employers ... [4] Establish clearly defined eligibility classes and conditions consistently applied to avoid issues ... [5] ERISA preemption, annual notices, benefits that may or may not be subject to ERISA." MORE >>
"Sponsors of benefit plans that are subject to ERISA need to ensure they comply with all applicable reporting and disclosure requirements of these federal agencies: [DOL, CMS, IRS, and PBGC] ... The [50 page] guide is organized by plan type, regardless of agency: [1] All plans; [2] Health and welfare plans; [3] All retirement plans; [4] DB retirement plans; [5] DC retirement plans." MORE >>
"You have probably become used to being assaulted by legal and regulatory changes that you need to address for your retirement plan.... Several issues are waiting for you in 2025, either because they are truly effective then, or because government guidance has been issued that makes an option available to you now.... [Here is] a quick summary of what is lurking around the corner for 2025 that may need your attention." MORE >>
"Retirement Plans: Plan sponsors should engage in conversations with their recordkeeper about implementation of the many optional provisions under SECURE 2.0.... Though SECURE 2.0 plan amendments are not due until December 31, 2026, plan sponsors should update the plan's summary plan description to include any SECURE 2.0 changes already in effect.... Health and Welfare Plans: [HIPAA] reproductive healthcare rights ... Section 408(B)(2)(b) fee disclosures ... Mental health parity ... Cybersecurity." MORE >>
"This interim guidance specifically refers to the application of the plan qualification and rollover distribution rules ... to the correction methods available for inadvertent benefit overpayments under the [EPCRS] as outlined in [Rev. Proc. 2021-30].... The interim guidance provided in Notice 2024-77 is effective for operational failures caused by inadvertent benefit overpayments that occurred on or after October 15, 2024[.]" MORE >>
"Plan administrators and counsel should review key issues with respect to employee benefit plans and executive compensation arrangements, confirm actions to be taken before the end of 2024, and focus on what to expect for 2025. [These checklists] address plan amendments, notices, and other considerations for qualified retirement plans, welfare plans, and stock-based and performance-based plans."
"Overlaying this year's 'To Do' List is the Supreme Court's landmark decision in Loper Bright ... [T]he reversal of Chevron fundamentally alters the landscape of administrative law and is sure to affect the world of employee benefits.... [In] 2024 and 2025 we expect employers will focus their compliance efforts on: [1] updating fiduciary practices for health and welfare plans; [2] implementing cybersecurity best practices; [3] complying with and implementing the recently updated [MHPAEA] requirements; and [4] ensuring [HIPAA] compliance with the new reproductive health care rules." MORE >>
24 pages. "[S]tate continuation laws ... (often referred to as 'mini-COBRA' laws), fill in COBRA's gaps, particularly for small employers offering fully insured group health plans as well as fully- insured large-employer group health plans ... This GRIST summarizes the major aspects of state continuation requirements -- including a comparison and interaction with COBRA rules and useful tables encapsulating applicable laws in each state." MORE >>
"New comparability plans ... allow an employer to allocate different profit-sharing contribution percentages to different groups of employees at the employer's discretion.... New comparability plans make sense for businesses that want to maximize employer contributions for older, higher-paid owners and key employees while providing a modest contribution for younger employees." MORE >>
"We don't yet have a clear definition of who is a 'covered employee' subject to the mandatory auto enroll feature.... The addition of an auto enroll feature will likely result in more small account balances for terminated participants.... Similar to the mandatory auto enroll feature, the LTPT employee provisions may result in increased small balances for terminated participants.... Beginning in 2025, an increased dollar limit [for catch-up contributions] applies for participants who have attained age 60 but not yet age 64.... [T]he provisions effective in 2025 can be operational prior to amending the plan." MORE >>
