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Health & Welfare Plans Newsletter
May 11, 2026
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💼 6 New Job Opportunities
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[Official Guidance]
Text of OPM FEHB Program Carrier Letter 2026-10: 2027 Rate Instructions, Community-Rated Carriers (PDF)
U.S. Office of Personnel Management [OPM]
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Sixth Circuit Borrows ERISA Arbitrary-And-Capricious Standard to Affirm Denial of Benefits Under Non-ERISA Federal Reserve Plan
"Although the Plan is a non-ERISA governmental plan exempt under 29 U.S.C. Section 1003(b)(1), the court applied an
arbitrary-and-capricious standard derived from New York contract law that closely mirrors ERISA review of plans vesting discretion in the administrator. The decision is significant for ERISA practitioners because the panel borrows substantively from ERISA case law to define the scope of judicial review, the limits on discovery, and the treatment of treating-physician opinions." [Martin v. Fed. Rsrv. Bank of Cleveland, No. 25-3518 (6th Cir. May 7, 2026)] MORE >>
Roberts Disability Law
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District Court Allows ERISA Suit Over Mental Health Parity to Proceed
"As the line of cases emphasizing disparate limitations continues to grow, the emphasis is not just on the availability of other types of mental health care. As a result, courts nationwide have found potential MHPAEA violations in several cases involving wilderness
programs." [Allison B. v. BlueCross BlueShield of Ill., No. 24-6162 (N.D. Ill. Feb. 20, 2026)] MORE >>
Hall Benefits Law
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Another ERISA Complaint Targets Voluntary Benefits
"The spate of voluntary benefits cases presume that the benefit programs at issue are all considered to be employee welfare benefit plans under ERISA. Courts have not yet ruled definitively on how or if ERISA applies to voluntary benefits. The most recent case, ... as in
other similar complaints, argues that the defendants breached their fiduciary duties by failing to properly manage the plan by not monitoring, negotiating or ensuring reasonable carrier selection, broker commissions and loss ratios, thereby causing plan participants to pay excessive premiums." [Haller v. Banner Health, No. 26-3114 (D. Ariz. complaint filed May 4, 2026)] MORE >>
PLANSPONSOR; registration may be required
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Tailoring Behavioral Health and Mental Health Services
"The number and variety of behavioral health products for mental health and substance use disorders (SUDs) have increased exponentially over the past decade, with tens of thousands of products now in the marketplace.... This article presents an overview of today's behavioral
health products and describes six best practices for designing behavioral health benefits that will help your people." MORE >>
Segal
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Why 'Build Your Own Benefits' Is Reshaping Total Rewards Strategies
"Rather than continuing to layer new offerings onto an outdated framework, a growing number of organizations are rethinking benefits at the foundational level and shifting toward a flexible 'build your own benefits' approach. This model gives employees a defined allowance
or a set of options they can tailor to their individual priorities, whether that includes traditional healthcare, caregiver support, wellness benefits or less conventional offerings like pet insurance. This shift reflects a broader reset in total rewards strategy." MORE >>
HR Daily Advisor
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Benefits in General |
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Proposed Legislation Would Codify and Expand Flex Choice Programs
"If enacted, the legislation [HR 8314] would allow employers to establish a 'Qualified Benefit Options Plan,'
permitting current and former employees to direct their employer contributions to benefit programs that meet their specific needs. The contributions to eligible tax-favored employer-provided benefit programs would be allocated without triggering taxable income solely due to that choice. The available benefits would include: [1] Nonelective contributions to a retirement plan; [2] Health savings account or health reimbursement
arrangement contributions; [3] Qualified educational assistance benefits (including student loan repayments); [4] 'Other benefits which are excluded from gross income' under the Internal Revenue Code." MORE >>
WTW
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Employee Benefits Jobs
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Is ERISA Up for the Job? Improving Employer-Sponsored Health Insurance Affordability
June 2, 2026 WEBINAR
Georgetown University Center on Health Insurance Reforms
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Identifying and Mitigating Bias in Actuarial Practice
June 10, 2026 WEBINAR
Conference of Consulting Actuaries
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ACA Benefits Compliance Updates for Employers and Plan Sponsors: Where Is Risk Rising in 2026?
June 17, 2026 WEBINAR
Corporate Synergies
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Last Issue's Most Popular Items |
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Text of Agencies' Proposed Regs: Excepted Fertility Benefits (PDF)
U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; and U.S. Treasury Department
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Administration Proposes Rule to Expand Access to Fertility Benefits with New Legal Pathway for Employers to Offer Benefits Directly to Employees
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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Trump Accounts: At Least 5 Million Reasons Why Employers Should Be Ready for Questions
Boutwell Fay LLP
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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