"[Notice 2026-33] stated that 'no distribution will be treated as a qualified long-term care distribution unless a long-term care premium statement with respect to the employee has been filed with the plan.'... As a safe harbor, plan administrators are explicitly permitted to rely on the carriers' long-term-care premium statement to verify that: an issuer disclosure was made to the Secretary of the Treasury by the provider of the long-term-care coverage; the insurance is certified; and the premium amounts are correct."  MORE >>

"If a plan administrator uses the 2002 and/or the 2020 safe harbors, the content of notices and disclosures related to benefit statements likely need to be revised when the 2026 Proposed Regulations are finalized.... [E]mployers may wish to split the process into two elections -- one for the electronic delivery of statements and one for the electronic delivery of all other plan communications. Otherwise, a person who elects into paper statements would need to receive all plan communications on paper. "  MORE >>

"A unanimous U.S. Supreme Court ruled that ERISA does not require pension plans to assess with­drawal liability based on actuarial assumptions adopted be­fore the measurement date.... [R]equiring actuaries to use assumptions se­lected before the measurement date could prevent them from relying on the most up-to-date data when select­ing their assumption." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)]  MORE >>

"[T]he US Supreme Court ... [held] that, under [ERISA], an actuary for an underfunded multiemployer pension plan may calculate an employer's withdrawal liability based on actuarial assumptions adopted after the relevant measurement date for withdrawal liability. In other words, the actuary is not required to select actuarial assumptions 'as of' the measurement date."  [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)]   MORE >>

"Employers planning to exit a multiemployer pension fund may wish to carefully consider the timing of the withdrawal. The measurement date for withdrawal liability will be the end of the plan's fiscal year prior to withdrawal, but the actuarial assumptions may be tied to a later date." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)]  MORE >>

"In a unanimous decision delivered by Justice Ketanji Brown Jackson, the Court held that ERISA Sections 1391 and 1393, which govern the calculation of withdrawal liability, do not require the actuarial assumptions to be selected on or before the measurement date. Instead, the Court said that the 'as of' language in Section 1391 means that while the hard data that feeds the UVB calculation must be fixed on the measurement date, the calculation itself can be performed after the date." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)]  MORE >>

"Why timing matters: The successor plan rule and pre-closing 401(k) plan termination ... Buyer's post-closing options if the plan is not terminated before closing ... Practical issues and potential complications for buyers to consider: [1] Outstanding participant 401(k) plan loans ... [2] Recordkeeper requirements ... [3] Plan investment options with unique potential costs or timing considerations."  MORE >>

"The Education and Workforce Committee passed [bills on May 21 which would] ... increase health care transparency, lower prescription drug costs, and strengthen retirement security.... [1] Form 5500 Filing Simplification Act [HR 7362] ... cuts unnecessary paperwork for retirement and employee benefit plans by simplifying federal reporting requirements and updating filing rules. [2] PBM Kickback Prohibition Act [HR 7895] cracks down on PBM kickbacks and helps ensure health plan design decisions are made in the best interest of patients and employers -- not corporate middlemen. [3] Transparency in Billing Act of 2026 [HR 8684] ... increases transparency for workers and families by requiring hospitals to bill honestly about where services are being provided."  MORE >>

106 pages. "[This report] provides an in-depth view of employers' organizational concerns, business practices, and health, welfare, and retirement benefit offerings. The report compares employer perceptions versus worker realities, and it breaks down survey findings by company size. It also discusses best practices and outlines recommendations for employers."  MORE >>