"Plan sponsors should be collaborating with their payroll vendors and recordkeepers to understand how mandatory Roth catch-up contributions will be processed for high wage earners ... [If] at least one applicable retirement plan within a controlled group permits super catch-up contributions, all controlled group retirement plans must also permit super catch-up contributions.... By February 16, 2026, each HIPAA covered entity and business associate must update its Notice of Privacy Practices (NPP) ... Some section 409A corrections under Notice 2008-113 must be completed by year-end, making now the ideal time to identify and finalize correction of any lingering errors." MORE >>
"The guidance that enrolling in a [Direct Primary Care Arrangement (DPCA)] will not cause individuals to lose HSA eligibility is helpful. However, questions remain regarding how DPCA offerings can be structured so that their services can be reimbursed from an HSA, and what services may be treated as primary care services. In addition, [Notice 2026-5] provides some flexibility with respect to individuals enrolling in bronze and catastrophic plans off-Exchange or through an ICHRA." MORE >>
"[S]everal new laws will have significant implications for qualified retirement plans, including amendments that must be made by the 2026 plan year.... The recently enacted One Big Beautiful Bill Act (OBBBA) also contains provisions impacting health and welfare plans, many of which are effective beginning January 1, 2026.... [M]any cost-of-living adjustments that are mandated by law will impact retirement plans and health and welfare plans in 2026.... [This article provides] plan sponsors with summaries of the key action items they should be considering, now and in the future[.]" MORE >>
"While the increase sounds positive for employees, it can create challenges with nondiscrimination testing ... When the limit jumps to $7,500, HCEs are more likely to contribute the maximum, which can skew the ratio and increase the risk of failing the test. If you have had problems passing this test in the past, you will likely continue to have problems and potentially experience an even greater difference in the ratio." MORE >>
"Notice 2025-68 addresses several topics of interest to employers, including: [1] Employers can offer employees the option to fund accounts for their dependent children via pretax contributions under an Internal Revenue Code (IRC) Section 125 cafeteria plan. [2] The $2,500 limit on employer contributions that are non-taxable to the employee is an annual limit that applies per employee regardless of how many dependent children the employee has.... [3] Account trustees -- not employers -- are responsible for ensuring that aggregate individual and employer contributions don't exceed the annual $5,000 limit." MORE >>
"California, Massachusetts, Connecticut, and five other states have set caps on health care spending in a bid to rein in the intense financial pressure felt by many families, individuals, and employers who every year face increases in premiums, deductibles, and other health-related expenses. Hospitals and other health care providers are citing Republicans' One Big Beautiful Bill Act ... as one more reason to challenge those limits." MORE >>
"Employer contributions must be made pursuant to a Code Section 128(c) Trump account contribution program. Requirements similar to requirements that apply to a dependent care assistance program (regarding discrimination, eligibility, notification, statements, and benefits) apply to a Trump account contribution program." MORE >>
"What's New: P.L. 119-21, July 4, 2025, amended Code section 223 to provide that: [1] An HSA eligible individual may have disregarded coverage (besides the HDHP) for telehealth and other remote care. [2] A plan will not fail to be treated as a HDHP by reason of failing to have a deductible for telehealth and other remote care services. The amendments apply to plan years beginning after 2024." [Also available: 2025 IRS Form 8889: Health savings Accounts] MORE >>
"For employers, the impact of these changes is twofold. First, the employer must keep their plan in compliance—failure to do so could result in regulatory scrutiny, penalties, and fiduciary exposure. Second, the employer has the opportunity to enhance the competitiveness of their retirement benefits program, positioning its business as an employer of choice." MORE >>
Dec. 2025. "Use Form 4547 to make the election to establish an initial Trump account for the exclusive benefit of a child who is eligible for a Trump account. Also use Form 4547 to make an election for a $1,000 pilot program contribution from the U.S. Treasury to a child's Trump account if they are eligible for the contribution." [Also available: Draft IRS Form 4547: Trump Account Election(s)] MORE >>
"A Trump account contribution program may be offered via salary reduction under a section 125 cafeteria plan if the contribution is made to the Trump account of the employee's dependent but not if the contribution is made to the Trump account of the employee.... The Treasury Department will select one or more financial institutions as a financial agent to serve as trustee of the initial Trump accounts." MORE >>
"Although [this checklist identifies] many action items below, through the end of 2025 and in 2026, ... employers will focus their compliance efforts on: [1] potentially implementing design changes under the One Big Beautiful Bill Act (OBBBA); [2] potentially offering an excepted benefit that includes fertility benefits; [3] solidifying fiduciary and cybersecurity practices for health and welfare plans to reduce litigation risk; and [4] ensuring compliance with the recently scaled back requirements under the [MHPAEA] and [HIPAA]" MORE >>
"Employers in the United States saw legislative, regulatory, and judicial developments in the benefits space in 2025, all of which should inform plan sponsor and fiduciary decisions in 2026." MORE >>
44 pages. "This notice informs taxpayers that the [Treasury Department] and the [IRS] intend to propose regulations providing guidance with respect to section 70204 of ... the One, Big, Beautiful Bill Act (OBBBA). Section 70204 of OBBBA, which applies to taxable years beginning after December 31, 2025, added section 530A and related sections regarding Trump accounts to the Internal Revenue Code. Section II of this notice provides a general overview of how Trump accounts work. Section III of this notice addresses certain initial questions related to Trump accounts that the Treasury Department and the IRS intend to address in the forthcoming proposed regulations. The Treasury Department and the IRS expect that the forthcoming proposed regulations will be consistent with the guidance set forth in section III of this notice. Section IV of this notice contains a request for comments regarding Trump accounts. " MORE >>
"[Notice 2025-68] addresses certain areas of interest to prospective trustees of Trump Accounts and to those individuals, such as parents and guardians, who would like to establish and/or contribute to these accounts. The notice requests comments on numerous issues related to Trump Accounts. The IRS is posting a draft version of Form 4547, Trump Account Election(s) ... When final, the new form can be used to establish a Trump Account and to enroll in the pilot program." 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 One Big Beautiful Bill Act has agencies working to create new guidance and regulations for telehealth, health savings accounts, and dependent care assistance programs. Ongoing litigation has paused enforcement of Mental Health Parity and Addiction Equity Act rules. Litigation impacts other aspects of health plan administration and design." MORE >>
"[1] General year-end action items ... [2] Retirement plan operational compliance (SECURE 2.0 deadlines).... Prepare for mandatory Roth catch-up implementation.... Address plan forfeiture balances.... Finalize tax-exempt 457(b) plan amendments.... Review and amend plan documents for discretionary changes.... Encourage participant data review.... [3] Health and welfare plan action items.... Evaluate the impact of the one big beautiful bill act (OBBBA) on plan design.... Strengthen group health plan fiduciary and cybersecurity practices." MORE >>
"[1] Catch-up 401(k) contributions for higher earners over 50 must be made to a Roth ... [2] 401(k), 403(b), and 457(b) plan contributions go up in 2026 ... [3] Traditional and Roth IRA limits for 2026 ... [4] Expanded savings for small businesses and the self-employed ... [5] Paper statement requirement ... [6] Health savings accounts (HSAs) ... 2025 year-end deadlines." MORE >>
"ICI recommended that Treasury authorize many custodians and providers to participate in the market for Trump Accounts ... ICI also pushed for Treasury to interpret the statute to permit as many investing strategies as possible.... State Street Global Advisors also noted that 'guidelines are needed on the process of converting Trump accounts to traditional IRAs.' ... [The Aspen Institute asked] that Trump Accounts [be] categorically disregarded in determining eligibility for means-tested public assistance programs[.]" MORE >>
"The OBBB Act expands the permissible use of HSA funds ... Dependent Care FSA limit increased to $7,500.... Expansion of employer childcare tax credit.... Student loan repayments as qualified educational assistance.... Workplace benefits with limits on favorable tax treatment: Moving expenses.... Bicycle commuting reimbursements." 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 >>
16 pages. "To encourage broad utilization, it is important to foster a robust competitive marketplace for Trump Accounts.... [ICI] encourage[s] Treasury to use its interpretive authority to broaden the universe of Eligible Investments as much as possible, rather than to shrink it.... [ICI] urge[s] Treasury to create a streamlined and efficient reporting regime for Trump Accounts that aligns as much as possible with existing reporting for IRAs and 529 plans." MORE >>
"The OBBBA touches many aspects of health and welfare benefits by providing regulatory clarity, raising long-standing statutory limits, and launching entirely new programs like Trump Accounts. With these changes come new compliance requirements, expanded plan design opportunities, and strategic considerations for employers seeking to remain competitive in the benefits marketplace." MORE >>
"The OBBBA expanded and simplified the PFML tax credit by making it permanent, reducing the employee tenure requirement, and clarifying eligibility rules. These updates aim to help more employers qualify for the credit and ease compliance. [A chart] highlights the key differences before and after OBBBA." MORE >>
