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Retirement Plan Amendments and 2025 Year-End Action Items

"[P]lan sponsors that made discretionary changes to their plans during the 2025 plan year should ensure that such amendments are documented in a formal plan amendment before the end of the year.... The general deadline to amend a qualified plan (that is neither a government plan nor a collectively bargained plan) to reflect changes adopted under several recent federal laws (including the SECURE Act, the CARES Act, and SECURE. 2.0) is December 31, 2026."

Should You Send an Annual Notice to Plan Participants for 2025?

"[A] table provides a list of the content and deadlines for the most common notices that plan sponsors may need to distribute. It includes: [1] Traditional Safe Harbor 401(k) Notice; [2] Qualified Automatic Contribution Arrangements (QACA) Notice for a Safe Harbor 401(k); [3] Eligible Automatic Contribution Arrangement (EACA) Notice; [4] Qualified Default Investment Alternative (QDIA) Notice; [5] Non-Safe-Harbor Automatic Contribution Arrangement Notice; [6] Annual participant fee disclosures."

HIPAA Security Rule: Still on Track for Finalization

"If the rule is finalized as proposed, it would mean a radical shift in how the security rule is applied -- moving away from a flexible approach to account for the various types of regulated entities to a more rigid approach with some prescriptive, strict security requirements that could be difficult to fulfill.... [R]egulated entities might not have as much time as they desire from the final rule's publication date to come into compliance -- if finalized as proposed, entities would have just 240 days."

Health and Welfare Plan Lunch Group, October 2025 (PDF)

25 pages. Topics: [1] Legislative and regulatory update; [2] Litigation update; [3] HIPAA top 10 current issues; [4] HIPAA deep dive: Recurring issues; [5] Compliance issues: GLP-1s and disease management.

Health & Welfare Plan Lunch Group, September 2025 (PDF)

29 pages. Topics: [1] One Big Beautiful Bill HSA and health plan provisions; [2] Other health benefit developments; [3] New agency guidance; [4] Health benefits litigation; [5] Open enrollment update for 2026.

IRS Introduces Online Filing Option for Section 83(b) Elections

"Historically, service providers had to mail a physical copy of their Section 83(b) elections to the appropriate IRS office within 30 days of the transfer. In a much-anticipated move, the IRS now allows Form 15620 to be completed and filed online through its website."

Health & Welfare Benefits Monthly Update, June 2025 (PDF)

24 pages. Topics include: Health benefits litigation update. [1] H.R.1 -- One Big Beautiful Bill Act ICHRA/HSA provisions; [2] MHPAEA enforcement developments; [3] PBM reporting and state issues; [4] Health benefits litigation update.

Reconciliation Bill Expands and Improves Health Savings Accounts and Individual Coverage Health Reimbursement Arrangements

"[T]he One Big Beautiful Bill Act: [1] Renames ICHRAs as CHOICE arrangements, expanding eligibility classes and creating a new tax credit for certain employers that offer them. [2] Allows employees to use cafeteria plan salary reductions to purchase Exchange-based coverage through CHOICE arrangements. [3] Expands HSA eligibility and the definition of qualified medical expenses and increases contribution limits for lower-income individuals."

Navigating the Complexities of VEBA Asset Reallocation: Tax and ERISA Fiduciary Considerations

"Organizations considering VEBA asset reallocations should incorporate long-term strategies, emphasizing regular fiduciary training, continual monitoring of regulatory guidance, and periodic internal compliance reviews. Establishing clear governance structures, including dedicated oversight committees and independent fiduciary advisors, can further bolster compliance and fiduciary prudence. Moreover, proactive participant engagement and transparent communication about any reallocation decisions foster goodwill and reduce potential litigation risks, supporting broader organizational objectives and stability."

Health & Welfare Benefits Monthly Update, May 2025 (PDF)

22 presentation slides. Topics: [1] Grab bag: 125 Issues, TIN solicitation, 4980H penalties, SCOTUS; [2] Prescription drug/PBM round up; [3] Braidwood update; [4] Taxation of California infertility coverage; [5] Reimbursement of medical travel expenses; [6] Life insurance eligibility enforcement; [7] Top 10 COBRA compliance issues.