Author Info for Groom Law Group, Chartered

Sean Abouchedid

Supreme Court to Decide ERISA Prohibited Transaction Dispute

On October 4, 2024, the Supreme Court agreed to hear an appeal in Cunningham v. Cornell University. The appeal involves review of a split among the United States Courts of Appeals over what plaintiffs must plead when… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement, Retirement Plan, SCOTUS

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Sarah Adams

Groom Files Amicus Curiae Brief on Behalf of American Benefits Council in Support of Plan Arbitration Provisions

Groom Law Group recently filed a brief on behalf of the American Benefits Council as amicus curiae in the 7th Circuit case Smith v. Board of Directors of Triad MA, No. 20-2708 (7th Cir. Sept. 9, 2020). The case is one of dozens… more

Amicus Briefs, Arbitration, Employee Benefits, Employee Retirement Income Security Act (ERISA), Motion to Compel

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Kathryn Bjornstad Amin

One Big Beautiful Bill – Plan Sponsor-Related Health and Welfare Provisions

On July 4, President Trump signed into law the One Big Beautiful Bill Act (the “OBBB”). Below we outline the key provisions impacting plan sponsors related to their health and welfare plans. Many of these provisions are… more

Compensation & Benefits, Dependent Care, Employee Benefits, Health Insurance, Health Savings Accounts

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David Ashner

IRS Issues Guidance on Mandatory Automatic Enrollment

On January 10, 2025, the Treasury Department and the IRS issued Proposed Regulations addressing one of SECURE 2.0’s signature requirements: that all newly established 401(k) plans and 403(b) plans with cash or deferred… more

401k, 403(b) Plans, Automatic Enrollment, Compliance, Employee Retirement Income Security Act (ERISA)

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A. Xavier Baker

The Trump Administration Implements Aggressive Medicare Advantage Plan Audits

On May 21, 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced its intent “to crush[] fraud, waste, and abuse across all federal healthcare programs” through aggressive audits of Medicare Advantage (“MA”) plans… more

Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Healthcare Fraud

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Larry Blocho

Eastern District of Pennsylvania Rules in Favor of ERISA Defendants After Rare Bench Trial

Lawsuits bringing fiduciary claims under ERISA continue to surge, but trials remain a rarity. Against that backdrop, Nunez et al., v. B. Braun Medical Inc. et al. stands apart. The 63,000-member class action lawsuit alleged that… more

401k, Bench Trial, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Retirement Plan

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David Block

IRS Provides Tax Guidance Related to State-Run Paid Family and Medical Leave Programs

On January 16, 2025, the Internal Revenue Service (“IRS”) issued Revenue Ruling 2025-4 (the “Rev. Rul.”). The Rev. Rul. provides guidance on the federal tax treatment of contributions to and benefits paid under a state paid… more

Employee Benefits, Federal Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Kimberly Boberg

IRS Extends Anticipated Effective Date for Certain 2024 Proposed RMD Rules Until 2026

Last year, the IRS issued its long-anticipated final (and newly proposed) regulations to address SECURE 1.0 and 2.0 Act changes to the required minimum distribution (“RMD”) rules (Code section 401(a)(9)). The 2024 proposed… more

401k, Individual Retirement Account (IRA), Internal Revenue Code (IRC), IRS, Proposed Regulation

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Jon Breyfogle

Modernization of DC Plan Investments

There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution (“DC”) plan investments by incorporating alternative asset classes and lifetime income features… more

Defined Contribution Plans, Department of Labor (DOL), Fiduciary Duty, Hedge Funds, Investment Funds

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Randy Bunnell

2024 Retirement Plan Year-End Amendments and Operational Compliance

As the end of 2024 approaches, it’s again time for plan sponsors to review their plan documents and plan operations to ensure compliance with increasingly complex qualification requirements and moving deadlines. While there are… more

Employee Benefits, Retirement, Retirement Plan, SECURE Act

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Lisa Campbell

The Trump Administration Implements Aggressive Medicare Advantage Plan Audits

On May 21, 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced its intent “to crush[] fraud, waste, and abuse across all federal healthcare programs” through aggressive audits of Medicare Advantage (“MA”) plans… more

Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Healthcare Fraud

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Mark Carolan

DOL Issues SECURE 2.0 Annual Funding Notice Guidance, Including Updated Model Notices

On April 3, 2025, the Department of Labor (“DOL”) issued Field Assistance Bulletin 2025-02 (the “Bulletin”), which provides guidance related to certain modifications made by the SECURE 2.0 Act of 2022 (“SECURE 2.0”) to the… more

Defined Benefit Plans, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Filing Requirements

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Jim Cole

DOL Finalizes More Stringent Procedures for Requesting Prohibited Transaction Exemptions

The Department of Labor’s (“DOL”) prohibited transaction exemption procedures provide an opportunity for plan sponsors, service providers, industry groups, or others to apply for permission to engage in a variety of transactions… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Adviser

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Michael Cook

DOL Issues SECURE 2.0 Annual Funding Notice Guidance, Including Updated Model Notices

On April 3, 2025, the Department of Labor (“DOL”) issued Field Assistance Bulletin 2025-02 (the “Bulletin”), which provides guidance related to certain modifications made by the SECURE 2.0 Act of 2022 (“SECURE 2.0”) to the… more

Defined Benefit Plans, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Filing Requirements

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Taylor Costanzo

[Webinar] SECURE 2.0 and Emergency Savings Accounts - February 8th, 2:00 pm - 2:30 pm EST

SECURE 2.0 created “pension-linked” emergency savings accounts, a new type of short-term savings program integrated within a 401(k) or other individual account plan. In this edition of our SECURE 2.0 webinar series, Groom… more

401k, Pensions, Retirement Plan, Retirement Plan Providers, Savings Accounts

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Shanna Cramer

Biden Administration Proposes Beefed-Up HIPAA Security Rule… But Prognosis Uncertain

On January 6, 2025, the Biden Administration issued a new proposed rule updating the HIPAA Security Standards ( “Proposed Rule”). The original HIPAA Security Standards were issued in 2003 and updated in 2013 and require that… more

Business Associates, Cybersecurity, Data Privacy, Data Protection, Data Security

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Katelyn Davis

CMS Finalizes Annual Medicare Advantage and Part D Rulemaking Updates

In April 2025, the Centers for Medicare and Medicaid Services (“CMS”) issued multiple pieces of guidance related to Medicare Advantage plans and Medicare Part D prescription drug coverage, including the Final CY 2026 Part D… more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Health Insurance, Inflation Reduction Act (IRA)

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Michael Del Conte

New DOL Advisory Opinion Guidance Outlines Approach for Diverse Plan Investment Manager Hiring Program

In a September 29, 2023 Advisory Opinion issued to Citigroup Inc. (“Citi”), the Department of Labor (“DOL”) addressed several key ERISA implications arising in connection with a Citi Racial Equity Program (the “Program”). The… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fees, Investment Management

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William Delany

Cunningham v. Cornell: Supreme Court Lowers Bar for ERISA 406(a) Claims

On April 17, 2025, the Supreme Court ruled in Cunningham v. Cornell University that, to state a claim under ERISA section 406(a), plaintiffs need only allege the elements contained in section 406(a). Prior to the Supreme Court’s… more

401k, Employee Benefits, Employment Litigation, Fiduciary Duty, Motion to Dismiss

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Patrick DiCarlo

Tolling of Important Health and Welfare and Retirement Plan Deadlines Extended Again Due To COVID-19

On February 18, 2022, President Biden again formally extended the COVID-19 National Emergency, which was set to expire on March 1, 2022. As explained in detail in our previous alerts, this most recent extension means that the… more

Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits, Health Insurance

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Elizabeth Thomas Dold

IRS Provides Tax Guidance Related to State-Run Paid Family and Medical Leave Programs

On January 16, 2025, the Internal Revenue Service (“IRS”) issued Revenue Ruling 2025-4 (the “Rev. Rul.”). The Rev. Rul. provides guidance on the federal tax treatment of contributions to and benefits paid under a state paid… more

Employee Benefits, Federal Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Elizabeth Drake

DOL Issues SECURE 2.0 Annual Funding Notice Guidance, Including Updated Model Notices

On April 3, 2025, the Department of Labor (“DOL”) issued Field Assistance Bulletin 2025-02 (the “Bulletin”), which provides guidance related to certain modifications made by the SECURE 2.0 Act of 2022 (“SECURE 2.0”) to the… more

Defined Benefit Plans, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Filing Requirements

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Jacob Eigner

What Plan Fiduciaries Should Know About SEC’s Final Form PF Amendments

On May 3, 2023, the Securities & Exchange Commission (“SEC”) adopted amendments to Form PF (the “Final Amendments”). Plan fiduciaries that utilize private equity funds, and regulated entities that serve these plan sponsors,… more

Fiduciary, Fiduciary Duty, Form PF, Hedge Funds, Investment Adviser

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Jennifer Eller

QPAM Notification Deadline Draws Near

On April 2, 2024, the Department of Labor (“DOL”) released an amendment to Prohibited Transaction Exemption 84-14 (the “QPAM Exemption”). One requirement of the new rule is that managers must notify DOL via email (QPAM@dol.gov)… more

Department of Labor (DOL), Employee Benefits, Exemptions, QPAM

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Catherine Ferguson

SEC’s Final “Clawback” Rule May Pose Code Section 409A Issues for Nonqualified Plan Sponsors

In 2015, the Securities and Exchange Commission (“SEC”) proposed under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“the Dodd-Frank Act”) a requirement for publicly-traded companies to adopt clawback policies… more

Clawbacks, Corporate Governance, Dodd-Frank, Incentive Compensation, Reporting Requirements

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William Fogleman

IRS Issues Proposed Regulations Implementing Changes to Code Section 162(m)

On January 14, 2025, the Internal Revenue Service (“IRS”) and the Department of Treasury issued proposed regulations under Internal Revenue Code (“Code”) section 162(m), which limits the deductibility of certain employee… more

Compensation, Income Taxes, Internal Revenue Code (IRC), IRS, Proposed Regulation

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Rina Fujii

Long-Term, Part-Time Employee Guidance for Section 403(b) Plans (and Two-Year Extension for 401(k) Regulations)

On October 3, 2024, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued Notice 2024-73 (the “Notice”) to clarify eligibility rules for long-term, part-time (“LTPT”) employees in 403(b)… more

401k, 403(b) Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement

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Kelly Geloneck

DOL Reopens Comment Period for Voluntary Fiduciary Correction Program Changes

The Department of Labor (“DOL”) recently announced (88 Fed. Reg. 9408, Feb. 14, 2023) that it will reopen the public comment period on proposed amendments to DOL’s Voluntary Fiduciary Correction Program (“VFCP”) and its related… more

Comment Period, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), EPCRS

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Emily Gerard

IRS Releases New Form for 83(b) Elections

Earlier this month, the IRS released Form 15620, a new standardized form for taxpayers seeking to make elections under Internal Revenue Code (“Code”) section 83(b). Previously, to make this election, taxpayers needed to execute… more

Internal Revenue Code (IRC), IRC Section 83(b), IRS, Restricted Stocks

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Lars Golumbic

Cunningham v. Cornell: Supreme Court Lowers Bar for ERISA 406(a) Claims

On April 17, 2025, the Supreme Court ruled in Cunningham v. Cornell University that, to state a claim under ERISA section 406(a), plaintiffs need only allege the elements contained in section 406(a). Prior to the Supreme Court’s… more

401k, Employee Benefits, Employment Litigation, Fiduciary Duty, Motion to Dismiss

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Ellen Goodwin

2024 Fiduciary Rule – Impact on HSAs and Health & Welfare Plans

The Department of Labor (“DOL”) recently released a final regulation (the “Fiduciary Rule”) redefining “investment advice” under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and section 4975 of the… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Nehama Hanoch

Defendants Secure Another Win on Discretionary Use of 401(k) Plan Forfeitures

On September 19, 2024, the Southern District of California dismissed claims brought by a 401(k) plan participant against Thermo Fisher Scientific Inc. regarding the use of forfeitures to offset future employer contributions. As… more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions

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Zack Hoffmann-Richards

Parity or Bust: Tri-Agencies Propose Sweeping Changes to Mental Health Parity Requirements

On July 25, 2023, the Departments of Health and Human Services, Labor and Treasury (“Tri-Agencies”) issued sweeping new guidance on the Mental Health Parity and Addiction Equity Act (“MHPAEA”), including a Proposed Rule, a… more

Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance, Mental Health, Mental Health Parity Rule

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Daniel Hogans

Company Stock in Employee Benefit Plans May Reduce New Excise Tax on Buybacks

New Section 4501 of the Internal Revenue Code imposes a 1% excise tax on certain corporate stock repurchases or “corporate buybacks.” The new tax is imposed on the fair market value (“FMV”) of any stock repurchased by a… more

Employee Benefits, Excise Tax, Fair Market Value, Share Buybacks

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Vivian Hunter Turner

Biden Administration Proposes Beefed-Up HIPAA Security Rule… But Prognosis Uncertain

On January 6, 2025, the Biden Administration issued a new proposed rule updating the HIPAA Security Standards ( “Proposed Rule”). The original HIPAA Security Standards were issued in 2003 and updated in 2013 and require that… more

Business Associates, Cybersecurity, Data Privacy, Data Protection, Data Security

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Allison Itami

DOL Finalizes PTE 84-24 Amendments

On April 25, 2024, the U.S. Department of Labor (“DOL”) published its much-anticipated final regulation on the definition of “fiduciary” under section 3(21)(a)(ii) of the Employee Retirement Income Security Act of 1974, as… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Popular

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Joanne Jacobson

Long-Term, Part-Time Employee Guidance for Section 403(b) Plans (and Two-Year Extension for 401(k) Regulations)

On October 3, 2024, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued Notice 2024-73 (the “Notice”) to clarify eligibility rules for long-term, part-time (“LTPT”) employees in 403(b)… more

401k, 403(b) Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement

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David Kaleda

QPAM Notification Deadline Draws Near

On April 2, 2024, the Department of Labor (“DOL”) released an amendment to Prohibited Transaction Exemption 84-14 (the “QPAM Exemption”). One requirement of the new rule is that managers must notify DOL via email (QPAM@dol.gov)… more

Department of Labor (DOL), Employee Benefits, Exemptions, QPAM

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Christine Keller

The IRS Issues Two Notices Regarding Preventive Care and Medical Care

On October 17, 2024, the IRS issued two Notices: one regarding preventive care services that an HSA-compatible high deductible health plan (“HDHP”) can cover on a pre-deductible basis and another allowing the cost of condoms to… more

Affordable Care Act, Employee Benefits, HDHP, Health Insurance, Health Savings Accounts

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Kalena Kettering

Supreme Court to Decide Legality of ACA’s Preventive Services Mandate

On January 10, 2025, the Supreme Court agreed to hear an appeal in Becerra v. Braidwood Management, Inc. (“Braidwood”). The case (discussed in a prior Groom alert), on appeal from the Fifth Circuit, will determine if the ACA’s… more

Affordable Care Act, Appointments Clause, Constitutional Challenges, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Lena Kettering

Emerging Case Law Supports Forum-Selection Clauses in ERISA Plans

A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), is in line… more

401k, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Tamara Killion

One Big Beautiful Bill – Plan Sponsor-Related Health and Welfare Provisions

On July 4, President Trump signed into law the One Big Beautiful Bill Act (the “OBBB”). Below we outline the key provisions impacting plan sponsors related to their health and welfare plans. Many of these provisions are… more

Compensation & Benefits, Dependent Care, Employee Benefits, Health Insurance, Health Savings Accounts

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Michael Kreps

This Week From the Hill (August 3 – 9, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or… more

Federal Pilot Programs, Proposed Legislation, Retirement, Trump Administration, U.S. Treasury

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Jeffrey Kroh

IRS Issues Proposed Regulations Implementing Changes to Code Section 162(m)

On January 14, 2025, the Internal Revenue Service (“IRS”) and the Department of Treasury issued proposed regulations under Internal Revenue Code (“Code”) section 162(m), which limits the deductibility of certain employee… more

Compensation, Income Taxes, Internal Revenue Code (IRC), IRS, Proposed Regulation

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Matthew Lanahan

ERISA Group Health Plans – The New Target in Fee Cases

Earlier this year, a Johnson & Johnson (“J&J”) employee brought a class action complaint (the “Complaint”) against J&J alleging fiduciary breaches under ERISA related to the prescription drug coverage under J&J’s self-funded… more

Breach of Duty, Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Elizabeth LaPaugh

The Trump Administration Implements Aggressive Medicare Advantage Plan Audits

On May 21, 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced its intent “to crush[] fraud, waste, and abuse across all federal healthcare programs” through aggressive audits of Medicare Advantage (“MA”) plans… more

Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Healthcare Fraud

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Jason Lee

DOL Finalizes Update to Voluntary Fiduciary Correction Program

On January 15, 2025, the Department of Labor (“DOL”) issued notice amending its Voluntary Fiduciary Correction Program (“VFCP”), along with related final amendments to Prohibited Transaction Exemption 2002-51 (“PTE 2002-51”),… more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Internal Revenue Code (IRC), Pensions

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Samuel Levin

PBGC Issues Proposed Regulation for Multiemployer Plan Withdrawal Liability Assumptions

On October 14, 2022 the Pension Benefit Guaranty Corporation (“PBGC”) published a proposed regulation regarding the interest rates that multiemployer pension plan actuaries use when calculating the present value of plans’… more

Employee Retirement Income Security Act (ERISA), Multiemployer Plan, PBGC, Pensions, Proposed Regulation

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David Levine

Modernization of DC Plan Investments

There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution (“DC”) plan investments by incorporating alternative asset classes and lifetime income features… more

Defined Contribution Plans, Department of Labor (DOL), Fiduciary Duty, Hedge Funds, Investment Funds

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Rosemary Loehr

Eastern District of Pennsylvania Rules in Favor of ERISA Defendants After Rare Bench Trial

Lawsuits bringing fiduciary claims under ERISA continue to surge, but trials remain a rarity. Against that backdrop, Nunez et al., v. B. Braun Medical Inc. et al. stands apart. The 63,000-member class action lawsuit alleged that… more

401k, Bench Trial, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Retirement Plan

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Mark Lofgren

Proposed Settlement Agreement Reached in Actuarial Equivalence Lawsuit

Earlier this month, a group of retired employees of Citgo Petroleum Corporation filed a motion for settlement of their lawsuit claiming they were harmed by their pension plan’s use of unreasonable actuarial assumptions. The… more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Pensions, Settlement Agreements

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Emily Lucco

Parity or Bust: Tri-Agencies Propose Sweeping Changes to Mental Health Parity Requirements

On July 25, 2023, the Departments of Health and Human Services, Labor and Treasury (“Tri-Agencies”) issued sweeping new guidance on the Mental Health Parity and Addiction Equity Act (“MHPAEA”), including a Proposed Rule, a… more

Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance, Mental Health, Mental Health Parity Rule

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Arsalan Malik

Expanded Abandoned Plan Program Gives Certain Bankruptcy Trustees QTA Eligibility, Adopts Other Technical Changes

On May 17, 2024, the Department of Labor (“DOL”) published interim final rules (collectively, the “IFR”) to amend DOL’s 2006 regulations establishing the abandoned plan program, as well as the accompanying prohibited transaction… more

Chapter 7, Department of Labor (DOL), Exemptions, Interim Final Rules (IFR), Prohibited Transactions

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Richard Matta

BREAKING: DOL Sends New Fiduciary Rule to OMB

The Department of Labor (“DOL”) has sent a new, proposed fiduciary rule to the Office and Management and Budget (“OMB”) for review. The text of the proposal is not yet public. OMB must first conduct an interagency review… more

Department of Labor (DOL), Employer Liability Issues, Fiduciary Rule, OMB

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Scott Mayland

DOL Finalizes Update to Voluntary Fiduciary Correction Program

On January 15, 2025, the Department of Labor (“DOL”) issued notice amending its Voluntary Fiduciary Correction Program (“VFCP”), along with related final amendments to Prohibited Transaction Exemption 2002-51 (“PTE 2002-51”),… more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Internal Revenue Code (IRC), Pensions

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Louis Mazawey

IRS Extends Anticipated Effective Date for Certain 2024 Proposed RMD Rules Until 2026

Last year, the IRS issued its long-anticipated final (and newly proposed) regulations to address SECURE 1.0 and 2.0 Act changes to the required minimum distribution (“RMD”) rules (Code section 401(a)(9)). The 2024 proposed… more

401k, Individual Retirement Account (IRA), Internal Revenue Code (IRC), IRS, Proposed Regulation

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Diana McDonald

This Week From the Hill (August 3 – 9, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or… more

Federal Pilot Programs, Proposed Legislation, Retirement, Trump Administration, U.S. Treasury

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Ross McSweeney

Supreme Court to Decide ERISA Prohibited Transaction Dispute

On October 4, 2024, the Supreme Court agreed to hear an appeal in Cunningham v. Cornell University. The appeal involves review of a split among the United States Courts of Appeals over what plaintiffs must plead when… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement, Retirement Plan, SCOTUS

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Edward Meehan

COBRA Notice Litigation Update: Recent Decision Signals Some Skepticism of Plaintiffs’ Claims

Since 2016, plaintiffs’ counsel have filed over 70 putative class actions, mostly against large plan sponsors, alleging deficiencies in election notice requirements as mandated under the Consolidated Omnibus Budget… more

Benefit Plan Sponsors, Class Action, COBRA, Employee Benefits

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Mark Nielsen

Influential Circuit Court Establishes Pleading Standards in Residential Treatment Center Cases

In the past several years, the U.S. District Court for the District of Utah has been a hotbed for litigation involving claims for mental health treatment at residential treatment centers. Dozens of lawsuits have been filed in… more

Department of Labor (DOL), Healthcare Facilities, Mental Health, Mental Health Parity Rule, MHPAEA

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Patrick O'Neil

District Court Dismisses Weight Loss Drug Discrimination Suits

The U.S. District Court for the District of Maine recently dismissed two separate suits alleging that health plans’ coverage exclusion for weight loss drugs constitutes unlawful disability discrimination. Both complaints… more

Affordable Care Act, Americans with Disabilities Act (ADA), Appeals, Class Action, Disability Discrimination

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Eboni Onuoha

IRS Guidance on New Exceptions to the Penalty Tax for Early Qualified Plan or IRA Withdrawals

The IRS recently issued guidance in Notice 2024-55 on the application of two new exceptions to the 10% additional tax under Code section 72(t) for early withdrawals from a qualified plan or IRA, which were added by Sections 115… more

Employee Benefits, Individual Retirement Account (IRA), IRS, Retirement Plan, SECURE Act

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Chelsea Pardes

Modernization of DC Plan Investments

There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution (“DC”) plan investments by incorporating alternative asset classes and lifetime income features… more

Defined Contribution Plans, Department of Labor (DOL), Fiduciary Duty, Hedge Funds, Investment Funds

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Seth Perretta

One Big Beautiful Bill – Plan Sponsor-Related Health and Welfare Provisions

On July 4, President Trump signed into law the One Big Beautiful Bill Act (the “OBBB”). Below we outline the key provisions impacting plan sponsors related to their health and welfare plans. Many of these provisions are… more

Compensation & Benefits, Dependent Care, Employee Benefits, Health Insurance, Health Savings Accounts

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David Powell

Additional Required Minimum Distribution Relief Following SECURE 2.0 Act Changes

Last week, the IRS issued Notice 2023-54 (“Notice”) that provides a variety of relief for both plan sponsors and IRA providers, along with participants/IRA owners and their beneficiaries, while we await the final Code section… more

Employee Benefits, Required Minimum Distributions, Retirement, Retirement Plan, SECURE Act

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Michael Prame

One Court Permits Tobacco Premium Surcharge Claims to Proceed Beyond the Pleading Stage, While Dispositive Motions Remain Pending in More Than a Dozen Cases

In fall 2024, plaintiffs filed a wave of putative class action lawsuits against employers challenging wellness programs that impose a health coverage premium surcharge on participants if they do use tobacco or do not complete a… more

Class Action, Employee Benefits, Employee Rights, Employment Litigation, Fiduciary Duty

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Paul Rinefierd

Supreme Court to Decide ERISA Prohibited Transaction Dispute

On October 4, 2024, the Supreme Court agreed to hear an appeal in Cunningham v. Cornell University. The appeal involves review of a split among the United States Courts of Appeals over what plaintiffs must plead when… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement, Retirement Plan, SCOTUS

See all updates »

Thomas Roberts

Cunningham v. Cornell: Supreme Court Lowers Bar for ERISA 406(a) Claims

On April 17, 2025, the Supreme Court ruled in Cunningham v. Cornell University that, to state a claim under ERISA section 406(a), plaintiffs need only allege the elements contained in section 406(a). Prior to the Supreme Court’s… more

401k, Employee Benefits, Employment Litigation, Fiduciary Duty, Motion to Dismiss

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Jenna Russell

Student Loan Match – Repay Student Loans and Save For Retirement

On August 19, 2024, the Internal Revenue Service (“IRS”) issued Notice 2024-63 (the “Notice”) for retirement plan sponsors that provide, or may wish to provide, matching contributions based on qualified student loan payments… more

Employee Benefits, Employee Contributions, Employer Contributions, Retirement, Retirement Plan

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Andrew Salek-Raham

Cunningham v. Cornell: Supreme Court Lowers Bar for ERISA 406(a) Claims

On April 17, 2025, the Supreme Court ruled in Cunningham v. Cornell University that, to state a claim under ERISA section 406(a), plaintiffs need only allege the elements contained in section 406(a). Prior to the Supreme Court’s… more

401k, Employee Benefits, Employment Litigation, Fiduciary Duty, Motion to Dismiss

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Stephen Saxon

BREAKING: DOL Sends New Fiduciary Rule to OMB

The Department of Labor (“DOL”) has sent a new, proposed fiduciary rule to the Office and Management and Budget (“OMB”) for review. The text of the proposal is not yet public. OMB must first conduct an interagency review… more

Department of Labor (DOL), Employer Liability Issues, Fiduciary Rule, OMB

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George Sepsakos

Modernization of DC Plan Investments

There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution (“DC”) plan investments by incorporating alternative asset classes and lifetime income features… more

Defined Contribution Plans, Department of Labor (DOL), Fiduciary Duty, Hedge Funds, Investment Funds

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Joshua Shapiro

Proposed Settlement Agreement Reached in Actuarial Equivalence Lawsuit

Earlier this month, a group of retired employees of Citgo Petroleum Corporation filed a motion for settlement of their lawsuit claiming they were harmed by their pension plan’s use of unreasonable actuarial assumptions. The… more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Pensions, Settlement Agreements

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Malcolm Slee

Accelerated PBGC Premium Deadline for 2025 – Unless Congress Acts…

Under the Bipartisan Budget Act of 2015 (“BBA 2015”), Pension Benefit Guaranty Corporation (“PBGC”) premiums for plan years beginning in 2025 are due one month earlier than normal. For example, for calendar year plans, premiums… more

Defined Benefit Plans, Department of Labor (DOL), Employee Benefits, Financial Services Industry, Government Agencies

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Rich Smith, Jr.

A Growing Trend: Fiduciary Secures Trial Victory in Excessive Fee Litigation

Introduction - On August 22, 2024, the Central District of California found in favor of the defendants after a bench trial on breach of fiduciary duty claims related to the monitoring of recordkeeping expenses and selection… more

Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Retirement Plan

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Ryan Temme

This Week From the Hill (August 3 – 9, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or… more

Federal Pilot Programs, Proposed Legislation, Retirement, Trump Administration, U.S. Treasury

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Levine Thomas

DOL Issues Final 5500 Rules for MEPs and PEPs, but Defers Finalizing Broader Changes

On December 29, 2021, the Department of Labor (“DOL”) released a final form revisions (“Final Revisions”) modifying the Form 5500 Annual Return/Report of Employee Benefit Plan (“Form 5500”) for benefit plans. 86 Fed. Reg. 73976… more

Department of Labor (DOL), Employee Benefits, Form 5500, Multiemployer Plan

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Christy Tinnes

One Court Permits Tobacco Premium Surcharge Claims to Proceed Beyond the Pleading Stage, While Dispositive Motions Remain Pending in More Than a Dozen Cases

In fall 2024, plaintiffs filed a wave of putative class action lawsuits against employers challenging wellness programs that impose a health coverage premium surcharge on participants if they do use tobacco or do not complete a… more

Class Action, Employee Benefits, Employee Rights, Employment Litigation, Fiduciary Duty

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Allison Ullman

IRS Issues Much Anticipated Guidance on Catch-Up Contributions

On January 10, 2025, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued proposed regulations regarding the provisions of the SECURE 2.0 Act of 2022 (“SECURE 2.0”) that relate to catch-up… more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Internal Revenue Code (IRC)

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Kevin Walsh

This Week From the Hill (August 3 – 9, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or… more

Federal Pilot Programs, Proposed Legislation, Retirement, Trump Administration, U.S. Treasury

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Kara Petteway Wheatley

Departments Pause Enforcement of MHPAEA Final Rule and Reconsider MHPAEA Enforcement Program

In a widely anticipated and welcome move, the Departments of Health and Human Services (“HHS”), the Treasury, and Labor (“DOL”) (collectively, the “Departments”), sought an abeyance of a lawsuit challenging the Mental Health… more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Enforcement Actions, Final Rules

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Jessica Winslow

Department of Labor Continues Focus on Eligibility Requirements for Group Life Insurance

The Department of Labor (“the Department”) recently announced that it entered into settlement agreements with two group life insurance carriers regarding the carriers’ evidence of insurability (“EOI”) practices. These recent… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Evidence of Insurability (EIF), Life Insurance

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Brigen Winters

This Week From the Hill (August 3 – 9, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or… more

Federal Pilot Programs, Proposed Legislation, Retirement, Trump Administration, U.S. Treasury

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Jeff Witt

IRS Proposed Regulation Addresses Rules Relating to Plan Forfeitures

Historically, the topic of forfeitures has raised many questions for qualified plan administrators- specifically, how and when they can be used. But there has been little formal guidance from the Department of Treasury and IRS… more

Comment Period, Defined Benefit Plans, Employee Benefits, Forfeiture, IRS

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Joel Wood

Reproductive Health Care: New HIPAA Restrictions & Compliance Checklist

Earlier this year, the Department of Health & Human Services Office of Civil Rights (“HHS”) published a final “HIPAA Privacy Rule to Support Reproductive Health Care Privacy” that imposes new restrictions on disclosure of… more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Patient Privacy Rights, PHI

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J. Rose Zaklad

DOL Issues SECURE 2.0 Annual Funding Notice Guidance, Including Updated Model Notices

On April 3, 2025, the Department of Labor (“DOL”) issued Field Assistance Bulletin 2025-02 (the “Bulletin”), which provides guidance related to certain modifications made by the SECURE 2.0 Act of 2022 (“SECURE 2.0”) to the… more

Defined Benefit Plans, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Filing Requirements

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