News Archive

6-page chart describes important administrative dates and deadlines for single-employer defined benefit plans that are subject to ERISA and the Internal Revenue Code.  MORE >>

"[T]he burden of requesting affirmative elections from all catch-up eligible participants will exceed the burden of sending a deemed election notice ... Assuming that service providers will take care of administering the Roth catch-up mandate will almost certainly land employers in correction-land.  ... Collaboration with payroll companies, bundled recordkeepers, and third-party administrators, as applicable, will be instrumental to the success of the Roth catch-up mandate administration."  MORE >>

"Heath savings accounts (HSAs) are proving to be a way for many employers and employees to better control health care costs, thanks to their tax benefits, lower premiums, and long-term investment opportunities. Learn how to drive greater participation throughout the plan year."  MORE >>

"Normally, making 401(k) deferrals on a pre-tax basis provides a tax advantage to an employee ... However, in the case of a tipped employee, it may actually create a tax disadvantage, because it converts otherwise tax-free income into taxable income.... Employee education is obviously going to be critical.... [U]nless there is a very generous match, it may be hard to get low-paid tipped workers to see a reason to make contributions that do not produce an immediate tax benefit. Employers may wish to consider making safe harbor nonelective contributions to the plan."  MORE >>

"The deemed Roth catch-up election feature is an optional mechanism that can streamline compliance with the Roth Catch-up Rule for employers whose systems support automated contribution tracking and integrated participant communications.... However, for employers with decentralized payroll processes, complex workforce structures, or limited administrative bandwidth, adopting a deemed Roth feature may increase the potential for misclassifications, mid-year adjustments, or reporting errors."  MORE >>

"Who can and who must be auto enrolled? ... Default deferrals ... Automatic increases ... Affirmative election ... Notice requirements ... Plan mergers and spin-offs and mandatory automatic enrollment ... MEPs and PEPs ... Behavioral finance."  MORE >>

"The deemed Roth catch-up election offers important advantages over an affirmative election approach.... However, there may be challenges to implementing the deemed Roth catch-up election. Monitoring the IRC section 402(g) limit on a pre-tax only basis for Roth catch-up participants is beneficial in that the effective opportunity may be easier to administer. However, most payroll systems only track the IRC section 402(g) limit on a combined pre-tax and Roth basis. So separately tracking the amount of pre-tax contributions may not be available or may only be feasible after making significant payroll programming changes."  MORE >>

"If reading all these rules has you thinking about eliminating Roth provisions or catch-ups from your plan, I don't blame you, so here are some of the most common considerations ... [1] Plans do not have to offer a Roth option. [2] Plans cannot require that ALL catch-up contributions be ROTH contributions. [3] Plans cannot make Roth available only for catch-up contributions. [4] Plans cannot make Roth available only to catch-up eligible participants. [5] Catch-up eligible participants who are not High Earners are not precluded from making catch-up contributions in a plan that does not have a Roth feature."  MORE >>

"Sponsors will need to amend plan documents implementing the Roth catch-up rule no later than December 31, 2026 ... With respect to safe harbor 401(k) plans, the IRS indicated that a midyear plan amendment implementing this feature does not constitute a prohibited midyear change that would jeopardize safe harbor status."  MORE >>

"91% of large employers worry about the long-term cost of GLP-1 drugs for weight management.... [D]espite the widespread conversations about GLP-1s, many employers still have questions: What do these medications do? How much do they cost? What's the ROI? And what support programs should be in place?"  MORE >>

94 pages. "[T]his GRIST summarizes the relevant year-end 2025 and 2026 compliance and policy developments expected to affect health and fringe benefit plans and leave programs and suggests action steps for employers. Topics covered include ... [1] Congressional outlook.... [2] Regulatory outlook.... [3] Litigation outlook.... [4] State outlook.... [5] Top 10 2026 health and leave benefit planning. "  MORE >>

"[T]he survey examines trends in employer-sponsored health coverage.... This year [employers were asked] detailed questions about their provider networks, approaches to primary care, menopause support benefits, and coverage for GLP-1 agonists for weight loss, as well as which overall factors they believe have contributed to premium growth.... Annual premiums for employer-sponsored family health coverage reached $26,993 this year, 6% higher than in 2024. On average, workers contributed $6,850 toward the cost of family coverage. The average deductible among covered workers in a plan with a general annual deductible was $1,886 for single coverage."  MORE >>

"The Final Regs are effective as of tax years beginning after December 31, 2026, which means that plans and taxpayers need to exercise 'good faith' compliance in the meantime.... [This article discusses] issues that ... are still outstanding.... [1] Final rules regarding the 60-63 limit ... [2] Final rules regarding Roth catch-up ... [3] Who's the employer? ... [4] 403(b) plans ... [5] Puerto Rican plans."  MORE >>

"[T]he 80-120 exception works well for a growing plan, but not so well for a shrinking plan. ... [If] a plan tends to teeter over and under the plan audit requirement, it may be wise for the plan sponsor to engage the auditor to perform agreed upon procedures in the off years to facilitate the test of opening balances when the plan goes back to needing an audit and as insurance that operations have remained compliant." [Article provides a detailed checklist to count participants and determine whether a plan audit is required.]  MORE >>

"These Final Regulations provide comprehensive guidance for retirement plan sponsors and administrators, clarifying operational requirements and correction methods for contributions subject to the Roth Catch-Up Requirement, as well as the enhanced super catch-up contribution limits. [This article provides] answers to some of those lingering questions and significant changes in the Final Regulations[.]"  MORE >>

"A key decision for employers is whether to implement the deemed election process.... A plan may use either of the two new correction methods, but it must apply the same correction method to similarly situated participants.... The deadline to correct a failure using these correction methods depends on which limit is the basis for the redesignating pre-tax deferrals as catch-up contributions.... Special rules apply to dual-qualified plans (plans qualified under both U.S. and Puerto Rico law). "  MORE >>

"A lawsuit [recently] filed ... offers a legal theory that is yet to be well addressed in ERISA case law -- that participant data should be treated as a 'plan asset' subject to ERISA's fiduciary duties of prudence and loyalty.... Such an assertion highlights the real-world risk of permitting recordkeeper utilization of participant data for any purpose beyond core recordkeeping responsibilities ... This article provides practical contracting considerations for plan fiduciaries seeking to strike a balance between fiduciary risk and permitting financial wellness products." [Williams-Linzey v. Empower Advisory Group, LLC, No. 25-14660 (D.N.J. complaint filed Aug. 15, 2025)]  MORE >>

"Even though patients should not have to pay anything for covered preventive services, insurers must still cover the cost of these services. The price of each preventive service is the total amount paid by insurance for the service and represents what patients could pay if the service no longer qualified as no-cost preventive care. [A table illustrates] the price of selected preventive services."  MORE >>

"Proactive plan sponsors are moving beyond surface-level analytics to embrace segmented insights, modern metrics, and employee feedback. This approach doesn't abandon traditional measures; rather, it enriches them with greater context and actionable intelligence."  MORE >>

"This document outlines best practices, roles and responsibilities for complying with the Roth catch-up contribution requirement, with the aim of simplifying complex processes and promoting consistency across the industry.... [1] Roth-CUP identification file ... [2] Responsibility for monitoring the 402(g) threshold ... [3] Deemed Roth catch-up election (deemed election) ... [4] Participant communications ... [5] Error handling and corrections ... [6] Participant deferral election methods ... [7] Implementation of separate elections ... [8] Plan design and implementation variability ... [9] Five questions plan sponsors should ask their payroll providers. "  MORE >>

"The DOL, SEC and the Treasury Department will need to work through important issues as they develop new policies directed by the EO.... [M]arket participants working to expand retirement savers' and retail investors' access to alternative investment options will need to continue resolving operational risks involved with developing new products, while also preparing for potentially increased scrutiny[.]"  MORE >>

"To truly achieve the stated objectives of the Executive Order ... a safe harbor regulation ... would establish a prudent process for fiduciaries to follow when evaluating whether to offer plan participants the opportunity to invest in a professionally managed asset allocation fund that includes alternative assets as part of the fund's asset mix. ... Summary of the Executive Order ... Prior conflicting DOL guidance ... The impact of litigation on investment choice ... Intent of the Executive Order and benefits of a regulatory safe harbor ... What comes next."  MORE >>

"[The Court] enjoined the provision mandating the inclusion of specific contract terms between PBMs and third-party payors, finding it interferes with fiduciary discretion under ERISA.... The provision requiring all beneficiary payments to count toward a participant's deductible was enjoined. The Court held this mandate directly regulates cost-sharing structures, a core element of ERISA plan design ... [T]he court's detailed and methodical opinion ... offers a robust framework for evaluating the intersection of state PBM laws with federal ERISA and First Amendment protections, and may serve as a persuasive guidepost for other courts reviewing similar legislation across the country. " [Iowa Assoc. of Bus. and Ind. v. Ommen, No. 25-0211 (S.D. Iowa Jul. 21, 2025)]  MORE >>

"Tax-exempt organizations with employees who earn $1 million or more may have increased tax liability ... particularly due to severance agreements. However, beginning in 2026, organizations will no longer need to track the top highest paid employees.... If individuals lose ACA premium tax credits, they may instead seek enrollment in employer sponsored plans that could increase plan costs ... Bronze and catastrophic plans are treated as HDHPs regardless of their deductible levels and out-of-pocket maximums."  MORE >>

"[1] Public employee compensation: Expansion of deduction limit applicable to executive compensation ... [2] Continuation of employer credit for paid family and medical leave ... [3] Health Savings Account provisions ... [4] Increased limits for Dependent Care Assistance Programs ... [5] Continuation of employer-provided educational assistance ... [6] [T]he House [had] proposed eliminating the deduction for bicycle commuting reimbursements ... However, the final BBB retains the deduction for bicycle commuting reimbursements.... [7] Tax-exempt organizations: Expanded excise tax on excess compensation."  MORE >>