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Health & Welfare Plans Newsletter

January 9, 2026

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💼  9 New Job Opportunities

 

[Guidance Overview]

DOL Expands Delinquent Filer Voluntary Compliance Program to Include Form M-1 (PDF)

"Note that some references in the DFVC Program expansion notice could cause confusion -- for example, it mentions filing Form M-1 using EFAST, but Form M-1 is actually filed through its own Online Filing System. Similarly, the notice indicates that payment is to be made through 'gov.pay' rather than pay.gov. Fortunately, the information on the DFVC Program webpage seems to be more accurate."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

What Should Fiduciaries Expect in Health Plan Service Fee Disclosures?

"[T]he CAA requires most brokers and consultants providing services to ERISA-covered group health plans ... to disclose to plan fiduciaries in writing any and all direct or indirect compensation they receive for providing services to the plan.... The disclosure must include, at a minimum: [1] A description of services; [2] A statement on fiduciary status; [3] All direct, indirect and transaction-based compensation ... [4] Details on conditional and termination-related compensation; and [5] Compensation expressed as a dollar amount, formula, per capita charge or other reasonable method."  MORE >>

PLANADVISER

[Guidance Overview]

California Labor Commissioner Publishes Updated Paid Sick Leave Posting

"[T]he Department of Labor Standards Enforcement (DLSE) recently released a revised Healthy Workplaces/Healthy Families Act (HWHFA) poster reflecting recent amendments to the state paid sick leave."  MORE >>

Jackson Lewis

New York City Employees Sue EmblemHealth Alleging 'Ghost Network' Hinders Access to Mental Health Care

"A new lawsuit alleges that an insurer's ghost network hindered New York City employees from accessing the mental health care they sought -- and harmed the reputation of psychiatrists wrongly listed as being in-network." [American Psychiatric Assoc. v. EmblemHealth Inc., No. 25-10783 (S.D.N.Y. complaint filed Dec. 30, 2025)]  MORE >>

ProPublica

New Lawsuits Focus on Fiduciary Duties for Voluntary Benefits

"The four lawsuits ... contend that all the voluntary benefit programs are ERISA plans.... [T]he lawsuits assert that the employers and their brokers engaged in prohibited transactions and knowingly participated in the other's violation of the prohibited transaction rules. The lawsuits seek to hold the employers, their brokers and the plan fiduciaries personally liable for all plan losses, have them disgorge any profits, and remove the plan fiduciaries who breached their duties."  MORE >>

Kutak Rock LLP

The Shifting Landscape of Employment-Based Health Benefits: Long-Term Resilience, Small-Employer Erosion, and the Threat of Higher Premiums

"The percentage of the nonelderly population with employment-based health benefits was at or near 70 percent from 1970 to 1989. By 2024, 61 percent of the nonelderly population had employment-based health coverage.... After a near record low in 2023, the percentage of employers offering health benefits increased slightly to 49 percent.... In 2024, 80.2 percent of private-sector workers were eligible for health benefits."  MORE >>

Employee Benefit Research Institute [EBRI]

Fully Insured vs. Self Insured, And Other Funding Questions

"Many U.S. companies are overpaying for health insurance due to suboptimal funding strategies, but there's a spectrum of options beyond the traditional fully insured model, which could lead to significant savings. This blog demystifies the funding options, from gap funding to fully insured, to help HR professionals understand each approach."  MORE >>

Nava

Will Medicare Drug Price Negotiation Increase Spending for Biologic Drugs?

"Medicare Drug Price Negotiation aims to reduce the prices paid for high cost pharmaceuticals. Traditionally, biologic drug price reductions after loss of exclusivity (LOE) have occurred due to the introduction of biosimilar competitors. A recent paper ... examines whether Medicare Drug Price Negotiation enacted under the Inflation Reduction Act (IRA) is likely to reduce prices more than biosimilar entry."  MORE >>

Healthcare Economist

Benefits in General

[Official Guidance]

Text of Instructions for IRS Form 4547: Trump Account Election(x) (PDF)

Rev. 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: IRS Form 4547, Trump Account Election(s), and IRS Form 8879-TA, IRS e-file Signature Authorization for Form 4547, Trump Account Election(s)]  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

May Our Company Contribute to Employees' Trump Accounts? (PDF)

"[B]eginning July 4, 2026, employers may contribute to the Trump Accounts (TAs) of their eligible employees or the employees' dependents through a Trump Account Contribution Program (TACP).... [E]mployers making contributions pursuant to a TACP must affirmatively indicate to the TA trustee that the contribution is an employer contribution excludable from the employee's gross income."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

New USPS Rule Means Postmark Date May Be a Day Later Than Before

"According to Internal Revenue Code Section 7502, when you mail a tax form, payment, or other document, the date shown on the USPS postmark is considered the date your item was received by the required entity ... However, in light of the new way the USPS processes mail, the postmark date might actually be after the day you gave your item to the USPS. This means your document could be considered sent later than you expected, depending on when it gets processed and stamped. As year-end contribution and reporting deadlines approach, those still using the USPS and relying on a postmark date as proof of timely contribution, delivery, or filing should be aware of these developments."  MORE >>

Ascensus

Employee Benefits Jobs

💼

Experienced Employee Benefits Attorney

Shipman & Goodwin LLP

Hartford CT / Stamford CT / Boston MA / Hybrid

View job as Experienced Employee Benefits Attorney for Shipman & Goodwin LLP

💼

Relationship Manager

Daybright Financial

Remote

View job as Relationship Manager for Daybright Financial

💼

Plan Administration Analyst

EPIC RPS

Remote

View job as Plan Administration Analyst for EPIC RPS

💼

401k & Defined Contribution Plan Consultant

Planned Retirement Consultant & Administrators, LLC

Remote / Ridgewood NJ / Fort Myers FL

View job as 401k & Defined Contribution Plan Consultant for Planned Retirement Consultant & Administrators, LLC

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Defined Benefit Plan Consultant

Planned Retirement Consultants & Administrators, LLC

Remote / Ridgewood NJ

View job as Defined Benefit Plan Consultant for Planned Retirement Consultants & Administrators, LLC

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Retirement Client Consultant

Leading Retirement Solutions

Remote

View job as Retirement Client Consultant for Leading Retirement Solutions

💼

Total Rewards Manager

Packaging Company

PA

💼

Retirement Plan Compliance Analyst

FuturePlan, by Ascensus

Remote / PA

View job as Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

💼

Defined Benefit Retirement Plan Consultant

FuturePlan, by Ascensus

Remote / PA

View job as Defined Benefit Retirement Plan Consultant for FuturePlan, by Ascensus

Selected New Discussions

HSA Qualifying Event as of 12/1/25 with Previous Vendor. How to Handle Employer Share Contribution in New Calendar Year?

"Now I have a situation with the employee that switched from PPO to an HDHP as of 12/1/2025. We received the Qualifying event paperwork today 1/7/2026. We have also switched HSA vendors as of 1/1/2026.

  • We give employees a seed contribution when they sign up for the HDHP. Would the seed money that they would have received for the month of December 2026 be able to be applied to 2026?
  • If the employee would be eligible for the December funds, would we need to attempt to deposit that money through the previous vendor?
  • How should any of this affect their taxes and W-2?

I have reached out to our HR department and they asked us if we knew what to do, so I would love some regulatory backup for any answers."

BenefitsLink® Message Boards

Pre-Tax Benefit Adjustment from Previous Calendar Year

"We just had qualifying event paperwork, for an employee that will be shifting from a PPO Health plan to a HDHP. The effective date is for 12/1/2025. Our insurance plan years are 1/1-12/31 which means after 1/1/26 we have new rates. Wouldn't refunding the employee in the current tax year for pre-tax benefits from the previous tax year also have tax implications? I thought if this happens we need to give them a refund that would include any medi, and local (Ohio) adjustments calculated, and adjust their W-2 information to reflect the change in benefits for the 2025 tax year."

BenefitsLink® Message Boards

Press Releases

WTW Appoints Health and Benefits Leader for North America

WTW

Groom Law Group, Chartered Reinforces its Federal Regulatory Experience with the Addition of Five Attorneys and One Policy Advisor from DOL, HHS, IRS, and PBGC

Groom Law Group

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Groom’s 28th Annual Seminar

March 7, 2026 in DC

Groom Law Group

Last Issue's Most Popular Items

GLP-1 Coverage, Obesity, and the ADA: What Employer Health Plan Sponsors Need to Know

Morgan Lewis

Trump Accounts: IRS Compliance Guidance for Employers

Segal

2026 Benefit Basics for Pension and Health and Welfare Plans

WTW

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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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