"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 >>
"[W]orking families should carefully consider choosing a dependent care FSA instead of taking the tax credit, based on the 2026 increase in allowed FSA contributions from $5,000 to $7,500 (or from $2,500 to $3,750 if an employee is married but filing separately).... [E]mployers [should] consider taking steps to adjust their dependent care FSAs to ensure they clear the 55% discrimination test, and that they clearly communicate the options that non-highly compensated employees have in choosing between the FSA or the tax credit." MORE >>
"Currently 70 percent of employers are not interested ... 12 percent were unaware of them, and 18 percent stated they might be interested in the future. The comments show concern about administrative complexity, fairness to employees without children, and funding concerns[.]" MORE >>
"While more employers may be able to take the credit under the OBBBA, there may still be some challenges.... [T]he compensation limit could minimize the number of employees for whom the employer can take the credit.... [W]hile it is helpful for employers to count paid leave required by state or local law towards the two-week requirement, it could be challenging for employers to exclude that PFML when calculating the credit amount[.]" MORE >>
"Dependent Care FSA limit increased for the first time in nearly 40 years ... Telehealth services no longer disqualify employees from HSA eligibility ... Direct Primary Care (DPC) Arrangements are now HSA-compatible ... ACA Bronze and Catastrophic plans will become HSA-eligible in 2026." MORE >>
"[S]tarting no earlier than next July, the 'One Big Beautiful Bill Act' will allow individuals to contribute to the 'Trump Accounts' of their dependent children under 18. Employers may also contribute to these accounts ... These accounts generally will be treated like non-Roth IRAs but are subject to a number of special conditions until the beneficiary turns 18." MORE >>
10 pages. "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." MORE >>
"Here are some of the main ways OBBBA's tax cuts and spending reform will affect healthcare, retirement, education and more, and what benefit leaders should prioritize as open enrollment approaches." MORE >>
"Agency guidance is needed to answer ... [1] How employers can substantiate that employees or their dependents are eligible to receive contributions for the year, and that the receiving account is indeed a Trump Account. [2] Whether employers have any obligation to confirm the employer contribution won't cause the receiving account to exceed the annual contribution limit when made. [3] Methods for performing nondiscrimination testing and correcting testing failures. [4] Whether employers are permitted to recoup erroneous contributions and how to do so." MORE >>
"Given the [1] nature of the 55% average benefits test, [2] OBBB enhancements to the child and dependent care tax credit, and [3] disproportionate use of the dependent care FSA by highly compensated employees, it is possible the new OBBB landscape could inadvertently lead to reduced access to the dependent care FSA in 2026." MORE >>
"Although the original House version of the bill provided for extensive health care changes and pharmacy benefit manager (PBM) reforms, the final OBBB contains only a few provisions that affect employee benefit plans.... [1] High-Deductible Health Plan (HDHP) enhancements ... [2] Increased dependent care Flexible Spending Account (FSA) limits ... [3] Tax-deferred savings accounts for children -- 'Trump Accounts'." MORE >>
"[M]ore guidance is necessary before employers can properly consider whether [this] is a worthwhile benefit to offer employees.... [1] Is the $2,500 employer contribution limit an annual limit or lifetime limit? [2] Is it possible for an employer to contribute more than $2,500 if the excess is included in the employee's gross income for the year? ... [3] May an employer make contributions only on behalf of employees who establish Trump Accounts with a trustee selected by the employer? ... [4] How would an employer run nondiscrimination testing? [5] What happens if a Trump Account Contribution Program fails nondiscrimination testing?" MORE >>
"[P]lan sponsors should consider the following measures ... [1] Reevaluate dependent care FSAs.... [2] Consider retroactively or prospectively reinstating first-dollar telehealth and other remote-care service coverage under HDHPs.... [3] Identify whether to adopt or further explore [direct primary care] arrangements.... [4] Review current or potential employer-provided childcare programs in light of expanded tax credits.... [5] Evaluate and make any required updates to plan documents in light of the OBBBA and any changes adopted." MORE >>
"No-deductible telehealth coverage now permanent for high deductible health plans (HDHPs) ... Direct primary care arrangements will not make participants ineligible for HSA contributions ... Direct primary care arrangements will be eligible for HSA reimbursement ... Bronze and catastrophic plans available through the health exchange marketplace will be considered HSA eligible HDHPs beginning January 1, 2026." MORE >>
"What [employers] need to do [1] Determine which changes apply to your employee benefit plan and when they need to be implemented.... [2] Review employee and board of directors communications that discuss affected items ... [3] Consider plan document amendments or written plan requirements and whether policy changes are needed.... [4] Have conversations both internally (i.e., with payroll, accounting) and externally (i.e., with nondiscrimination testing providers, third-party administrators) to discuss administrative practices that these changes may affect." MORE >>
"If the employer chooses to make contributions, employers must have a written plan that follows certain rules such as the prohibition of discrimination against certain income groups and notice to eligible employees. Contributions could also be made by an employer to an employee who is under the age of 18 and has their own Trump account. Employers may choose to contribute up to $2,500 either directly to the employee or the employee's dependent." MORE >>
"[T]he 2025 tax law ... [includes] changes that influence the calculation of the alternative minimum tax (AMT), most notably in the significantly raised cap on state and local tax (SALT) deductions. Other provisions in the law concern the special tax treatment for startup company stock and tax planning around charitable donations. Some of these new provisions will become effective in 2026. Others take effect sooner." MORE >>
"Contributions to Trump Accounts are not permitted until July 2026, giving plan sponsors time to evaluate their approach and prepare accordingly.... [G]overnment entity and employer contributions are fully taxable upon withdrawal, while parent contributions require basis tracking.... Employers may contribute up to $2,500 (indexed) per employee on a tax-free basis.... [C]ontributions from states, local governments and charitable organizations ... will not count toward the $5,000 annual limit. " MORE >>
"[E]xpanded flexibility for health savings accounts (HSAs) and new restrictions on premium tax credit eligibility ... may reduce the risk of triggering an employer shared responsibility penalty under the [ACA].... Limiting the deduction of excessive remuneration.... Expanding the application of excise tax on excess compensation within tax-exempt organizations." MORE >>
"The budget reconciliation bill signed on July 4, 2025, removes the sunset date on the employer exclusion for employee student loan repayment assistance, making the exclusion permanent. Further, the bill calls for the $5,250 annual cap on excludable payments to adjust with inflation moving forward, beginning with taxable year 2026. The employer exclusion changes come amid a revamp to student loan repayment assistance programs." MORE >>
