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Advance Copies of 2025 Form 5500 Series Contain Few Changes (PDF)

"Of interest for 401(k) plans and health and welfare plans is a clarification regarding reporting of delinquent participant contributions on Schedule DCG, Schedule H, or Schedule I, as applicable.... References to the Voluntary Fiduciary Correction Program have been updated to reflect the most recent version (issued in early 2025). ... Other changes relate to defined benefit plans."

Proposed Regulation Would Exempt HRAs from Medicare Part D Creditable Coverage Disclosure Requirements (PDF)

"CMS explains in the proposal's preamble that account-based plans are designed to provide cost savings through pre-tax contributions and reimbursements, and often supplement other coverage, rather than actually offering prescription drug coverage. Thus, the benefit design of account-based plans makes concepts such as the disclosure of creditable coverage inapplicable and unduly burdensome[.]"

What Federal Mandates Apply to Our Company's Group Health Plan Other Than ERISA, COBRA, and HIPAA?

"Many federal laws create mandates that may apply to your group health plan. Here are some to be aware of: [1] [ACA] ... [2] [MHPAEA] ... [3] Women's Health and Cancer Rights Act (WHCRA) ... [4] Newborns' and Mothers' Health Protection Act (NMHPA) ... [5] [FMLA].... [6] [USERRA] ... [7] Medicare Secondary Payer (MSP) ... [8] Medicare Prescription Drug, Improvement, and Modernization Act (MMA) ... [9] Federal laws prohibiting employment discrimination."

Does Hiring a Business Associate to Conduct Electronic Health Plan Transactions Absolve a Health Plan of HIPAA Liability? (PDF)

"If your company sponsors a self-insured health plan and hires a TPA to handle administrative tasks -- such as processing claims and making payments -- your health plan is still responsible for complying with HIPAA's electronic transaction standards. The electronic transaction standards apply to a range of financial and administrative activities ... Even if a health plan delegates duties to third parties, the health plan remains ultimately responsible for compliance."

2025 Required Amendments List Addresses Required Minimum Distribution Changes (PDF)

"Many 401(k) plans likely need to be amended to reflect the RMD applicable age change. Whether a plan needs to be amended to reflect the changes to post-death distributions will depend on the terms of the plan -- some may already provide for distribution of a participant's benefit earlier than required under this provision."

IRS Issues Guidance on HSA-Related OBBBA Changes (PDF)

"[T]he OBBBA made permanent the safe harbor allowing high-deductible health plans (HDHPs) to cover telehealth and other remote care services before the minimum deductible is satisfied without losing their HDHP status. These services are also considered disregarded coverage on a permanent basis and thus will not cause a loss of HSA eligibility. "

IRS Guidance on Trump Accounts Addresses Cafeteria Plans and Employer Contributions, Announces Regs on the Way

"Employers interested in offering a [Trump Account Contribution Program (TACP)] benefit now have scaffolding upon which to start building out their programs. For example, employers will want to consider whether to allow funding through cafeteria plan salary reductions, as well as the processes for tracking contributions and communicating the new benefit to employees. Meanwhile, the federal government has established a new website with information about TAs and has issued drafts of IRS Form 4547 (Trump Account Election(s)) and related instructions."

Process Prevails Over Perfection in 401(k) Plan Investment Fiduciary Breach Suit (PDF)

"This court's determination that offering an actively managed fund instead of a low-cost index fund is not an automatic breach of the duty of prudence reiterates the idea that fair and accurate comparison is required for investment option challenges, and the goal is not perfection, but establishing and following a process to reach prudent and reasonable investment decisions. The ruling also acknowledges that a fiduciary's duties regarding investments may be fulfilled even absent an investment policy statement[.]" [Iannone v. AutoZone, Inc., No. 19-2779 (W.D. Tenn. Sep. 30, 2025)]

Ninth Circuit Orders Trial Court to Reconsider Ruling That TPA Violated ACA Section 1557 by Administering Gender-Affirming Care Exclusions (PDF)

"The Ninth Circuit's decision highlights the unsettled landscape of Section 1557's application to employer-sponsored health plans and TPAs. It is also part of a wave of litigation over health plan exclusions of coverage for gender-affirming care. As the regulations remain in flux and courts grapple with their interpretation, plan sponsors and TPAs should closely monitor developments and remain mindful that factual nuances may determine liability." [Pritchard v. Blue Cross Blue Shield of Illinois, No. 23-4331 (9th Cir. Nov. 17, 2025)]

What Is an SAR, and When Must It Be Provided? (PDF)

"A SAR is a summary annual report, and its purpose is to summarize for employees the information that appears in an ERISA plan's Form 5500. SARs are required each year for pension plans, including 401(k) plans, and for welfare plans unless an exemption applies.... The SAR must be furnished to participants covered under the plan and to other individuals who must be provided with summary plan descriptions (SPDs), such as COBRA qualified beneficiaries. SARs may be distributed by any method permissible for SPDs, including electronically."