"Unless the [DOL] receives significant objections from the public, the agency will repeal its annuity selection safe-harbor regulation for defined contribution (DC) plans effective Sept. 2. DC plan fiduciaries can still use the similar -- but not identical -- statutory safe harbor added by the [SECURE Act].... Comments are due July 31."  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 >>

"DOL issued guidance ... and a request for information with respect to PEPs.... Its limited, although important, guidance on minimizing potential fiduciary liability for plan sponsors was intended to help small employers select high-quality, low-cost PEPs."  MORE >>

"[The RFI] reminds employers that while they can mitigate their risk of ERISA fiduciary liability by having a PEP's pooled plan provider assume full responsibility for selecting and retaining investment managers, the employer still must prudently select and monitor the pooled plan provider. The RFI also solicits information about prevailing market practices in order to determine the need for a potential safe harbor to promote greater utilization of these plans[.]"  MORE >>

"ERISA plaintiffs have previously sought six- or seven-figure settlements upon clearing dismissal ... The Cunningham decision may disrupt that formula.... [T]he decision may incentivize defendants to skip motions to dismiss and go straight to discovery.... [E]ven when a motion to dismiss is filed, a ruling that preserves a weak prohibited transaction claim may not dispose defendants toward settlement.... [C]ourts may begin to manage discovery in retirement plan class actions more actively." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

"[T]his rule, though well-intentioned, brings with it a level of administrative complexity that even seasoned ERISA professionals wince at.... The IRS tried to help with proposed regulations, but in classic IRS fashion, the guidance added as many questions as it answered. ... So, what should plan sponsors be thinking about now, not in 2026?"  MORE >>

"[T]he SEC's marketing rule was the top compliance concern for three years in a row, but it was overtaken last year by concerns about off-channel communications. This year's results ... underscore a rapidly evolving regulatory landscape, with AI, anti-money laundering (AML), and cybersecurity emerging as the top three 'hot' compliance topics. These areas ... align closely with the SEC's exam, enforcement, and rulemaking priorities."  MORE >>

"he aggregate funded ratio for U.S. state pension plans increased by an estimated 3.4 percentage points during the second quarter of 2025 to end the quarter at 82.0% ... The aggregate funded ratio is estimated to have increased by 2.6% and 4.7% year-to-date and over the trailing twelve months, respectively."  MORE >>

"DOL argues the court should hold that 'Plaintiff failed to adequately plead a breach of the fiduciary duties of loyalty and prudence and uphold the district court's decision dismissing the amended complaint.'... DOL's argument here is overly complicated and unnecessarily limited.... But at least they are doing something." [Hutchins v. HP Inc., No. 23-5875 (N.D. Calif. Feb. 5, 2025; on appeal to 9th Cir. No. 25-826; DOL amicus brief filed Jul. 9, 2025)]  MORE >>

"[As] many in the PEO space have discovered, simply offering benefits alongside HR outsourcing is not enough. Employees increasingly expect intuitive, digital-first experiences. Employees appreciate having the ability to compare their benefit plans and access support from any location through their mobile devices. In this context, technology stands out as a strategic differentiator."  MORE >>

"Fidelity Investments' Retiree Health Care Cost Estimate finds that an average 65-year-old couple today will spend upwards of $172,500 on healthcare costs in retirement, representing a 4% increase compared to last year in an overall rising trajectory since Fidelity's inaugural $80,000 estimate in 2002.... [J]ust 23% of Americans are contributing to an HSA to prepare for healthcare costs in retirement, and only three-in-10 are investing their HSA assets."  MORE >>