"One notable aspect of [FAB 2026-01] is EBSA's shift in focus toward the ERISA fiduciary duty of loyalty ... accompanied by a shift away from prudence issues.... While the [FAB] could be interpreted as a signal that EBSA will be taking a less aggressive stance on ESOP valuation issues going forward, sponsors of ESOPs should be mindful that, regardless of EBSA's focus, participant litigation can still result from violations of the duty of prudence and issues involving ESOP valuation issues."  MORE >>

"President Donald Trump is expected to sign an executive order directing the Treasury Department to launch a new website where private-sector workers without access to employer-sponsored retirement plans could browse and enroll in qualifying accounts. The portal, to be called TrumpIRA.gov, is set to be operational by January ... That timing coincides with the rollout of a government contribution program for lower-income savers that traces back to Secure 2.0[.]"  MORE >>

"A federal auto‑enrollment plan could bring nearly 32.3 million new savers into the system and increase retirement wealth by 28%-49% under base plan designs.... Workers with 10+ years of sustained participation could see 67% to 125% higher retirement wealth under auto‑enrollment scenarios.... Strengthening the Saver's Match can boost average retirement wealth increases to 59%-77% and adds up to $1.35 trillion in projected retirement wealth over 10 years."  MORE >>

"The decision -- and the theory on which it is based -- represents one of several emerging procedural tools courts (and defendants' lawyers) are developing to deal with (among other concerns) a possible 'avalanche of meritless litigation' following the Supreme Court's decision in Cunningham v. Cornell University." [Peeler v. Bayada Home Health Care, Inc., No. 24-0231 (W.D.N.C. Jan. 27, 2026)]  MORE >>

"[C]ourts have now wrestled for eight years with the question of whether the ERISA provision requiring actuarial equivalence in this context includes an implicit requirement that the underlying actuarial assumptions be 'reasonable.' ... This year has started with three rulings for defendants and one for plaintiffs, and one that had a little something for both sides.... For those defendants that have chosen not to settle and instead fight on, there is still much uncertainty. That uncertainty will likely remain until a clear pattern emerges from the circuit courts or the issues reach the Supreme Court"  MORE >>

"Plaintiff's lawyers are using AI tools to help identify plans covered by [ERISA] to [find] outliers and anomalies and target employers with lawsuits over their handling of investment choices and forfeiture funds ... [D]efense attorneys are turning to AI for assistance with benchmarking and comparing fees and performance across plans."  MORE >>

"Financial Finesse notes that financial wellness scores dipped to 4.72 in 2025, down from 4.84 the year before, while the share of employees reporting high or overwhelming financial stress rose back to 26.8% -- roughly where things stood in 2023.... [W]orkers under age 30 (Gen Z) with household income less than $60,000 actually saw their stress levels improve in 2025, dropping 2.4 percentage points year over year.... [W]orkers aged 30 to 44 (Millennials) with household income between $60,000 and $100,000 saw stress rise by 3.2 points."  MORE >>

"When presented with a proposed plan design, clients and advisors ... may feel an investment strategy to achieve maximum investment returns is appropriate and wish to have the interest crediting rate accordingly tied to a market rate of return. However, in the small plan market setting, tying the interest crediting rate to a market rate of return may have more risks than benefits."  MORE >>

"Most people want a long and secure retirement and, to that end, have saved and built up investments over time.  ... [T]hreats that can disrupt those retirement savings and diminish their anticipated returns [include] ... [1] Uncertain interest rates ... [2] Market volatility ... [3] Withdrawal timing and sequence of returns risk ... [4] Government policy uncertainty ... [5] Increasing longevity."  MORE >>

"DOL will prioritize investigations of the most egregious violations, provide advance notice of the agency's ERISA interpretations, commit to completing investigations within reasonable timeframes, and require senior leadership to review significant enforcement matters. Agency leadership believes these principles will promote 'transparency, consistency, and the rule of law.' [FAB 2026-01] doesn't explain how DOL will apply these principles to investigations and enforcement actions that are already in progress."  MORE >>

"Cost containment remains the dominant focus in workforce benefits.... Employers are taking more steps to address [healthcare] affordability, but most are doing so selectively ... Leave strategies are becoming more streamlined.... Retirement benefits continue to mature steadily. Employer matching, automatic features, and incremental plan design refinements are becoming more common, signaling long term investment rather than rapid change.... Employers are expanding wellbeing programs more selectively."  MORE >>