News & Analysis as of

Employee Benefits Benefit Plan Sponsors

Bricker Graydon LLP

What Happens to Health FSA Balances When COBRA Coverage is Elected?

Bricker Graydon LLP on

While most plan sponsors understand that their plans must offer continuation coverage under COBRA for their medical benefits, many administrators find themselves on less solid ground when it comes to COBRA coverage and health...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In a Rare Move, the DOL Backs the Employer in a Forfeiture Allocation Case—But Don’t Pop the Champagne Just Yet

Sometimes, in the strange world of ERISA litigation, you get a surprise. And in Hutchins v. Hewlett Packard, we got one: the Department of Labor, yes, that DOL, the one whose name alone strikes fear into the heart of many...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Mission Possible: How 401(k) Plan Sponsors Can Handle Fiduciary Liability Like A Pro

Tom Cruise doesn’t age, and apparently neither do the problems that plague 401(k) plan sponsors. The plotlines may change—market volatility, regulation updates, SECURE 2.0—but one thing remains constant: fiduciary liability...more

Jackson Lewis P.C.

Countdown to Compliance: What Employers Need to Know About New York’s Secure Choice Savings Program

Jackson Lewis P.C. on

New York has officially joined the growing list of states requiring certain private employers to offer retirement savings options. The New York Secure Choice Savings Program (Secure Choice or the Program) is moving closer to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Why TPAs Shouldn’t Ignore SEP-IRAs—But Also Shouldn’t Stop There

If you’re a TPA and you’re not talking to your small business clients about SEP-IRAs, you’re missing the plot. But if you’re only talking about SEP-IRAs, you’re missing the opportunity....more

Holland & Knight LLP

IRS Section 457(f) Plans: An Update Amid Regulatory Uncertainty

Holland & Knight LLP on

Section 457(f) of the U.S. Internal Revenue Code provides a framework for nonqualified deferred compensation arrangements commonly offered by tax-exempt and governmental employers. These plans are frequently used to recruit...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Intel Wins: Ninth Circuit Puts the Brakes on Anti-Private Equity Lawsuit

After six long years of litigation, Intel’s 401(k) plan design just got a big legal endorsement. A three-judge panel from the Ninth Circuit dismissed a lawsuit filed by plan participants who claimed that including hedge funds...more

Cooley LLP

Private Equity and Venture Capital Investments for 401(k) Plans?

Cooley LLP on

On August 7, President Donald Trump signed an executive order (Democratizing Access to Alternative Assets for 401(k) Investors) that has been widely – and mistakenly – reported to open 401(k) plan assets to “alternative...more

Bricker Graydon LLP

Can you Charge Smokers More for Your Health Plan?  

Bricker Graydon LLP on

Several new lawsuits have been filed recently alleging that employers violated HIPAA’s non-discrimination rule by charging higher health insurance premiums to employees who use tobacco products. ...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

Verrill on

Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Ius Laboris

Malta Consults on Pension Auto-enrolment

Ius Laboris on

The Government of Malta recently launched a public consultation on the proposed introduction of an auto-enrolment occupational pension regime. We take a look at the details....more

Mayer Brown

US Department of Labor Solicits Feedback and Provides Guidance to Smaller Employers on Pooled Employer Plans

Mayer Brown on

On July 28, 2025, the US Department of Labor (DOL) issued a Request for Information (RFI) regarding the current usage and operations of pooled employer plans (PEPs), as well as obstacles that are discouraging smaller...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

A Marriage of Old and New: Transamerica, Nuveen, and TIAA Team Up on Lifetime Income Solution

In a world where retirement plan innovation often comes with more flash than substance, it’s refreshing to see a strategic alliance that actually addresses a fundamental challenge in defined contribution plans: providing real...more

Saul Ewing LLP

Navigating the New Normal: Top Employee Benefits Risks for Healthcare Employers in 2025

Saul Ewing LLP on

As the healthcare industry grapples with the impact of the 2025 Comprehensive Reform Act, which was signed into law on July 4, 2025, offering benefits to its own employees continues to be both a tool for employee retention...more

Haynes Boone

DOL Approves the Use of Forfeitures to Offset Employer Contributions

Haynes Boone on

In a lawsuit currently under appeal at the U.S. Court of Appeals for the Ninth Circuit, the court has been asked to decide whether the plan administrator violated its fiduciary duties of prudence and loyalty under ERISA when...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Forfeiture Fiasco: Why the DOL and Common Sense are on the Right Side of the HP Case

It’s not often you see the U.S. Department of Labor jumping into the legal ring to back plan sponsors, but when they do, you know something bigger is at stake than just one plan participant’s gripe. That’s exactly what...more

Bricker Graydon LLP

Is My Health Plan Affordable Enough?

Bricker Graydon LLP on

As employers increasingly struggle with rising health plan costs, the IRS has provided some good news. Recently, the IRS announced that the Affordable Care Act (ACA) affordability threshold will increase to 9.96% of household...more

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

Husch Blackwell LLP on

Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more

Kerr Russell

Benefit Plan Implications of OBBBA: Student Loan Repayment, HSAs, and More

Kerr Russell on

The One Big Beautiful Bill Act (OBBBA), finalized and signed into law by President Trump on July 4, 2025, makes several key changes that impact employers, benefit plan sponsors and plan administrators....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Dear Plan Providers: Here’s the Kind of Content Plan Sponsors Actually Want

If you’re a plan provider—advisor, TPA, recordkeeper, or pooled plan provider—you’ve probably heard the advice a million times: “Create content to stay top of mind with plan sponsors.” But what kind of content actually works?...more

Wyrick Robbins Yates & Ponton LLP

Key Employee Benefits Changes Under the One Beautiful Bill Act

The One Big Beautiful Bill Act (OBBBA or the “Act”), signed into law on July 4, 2025, introduces a broad set of changes impacting employee benefits and executive compensation. This summary highlights the provisions most...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan Design That Works: Why 401(k) Participants Are Saving Smarter

Every once in a while, the data tells a story that plan sponsors should actually feel good about. Vanguard’s latest How America Saves report offers just that, a story of progress. Thanks to smarter plan design choices,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Quick Tips for Plan Sponsors Who Want to Stay Out of Trouble

If you’re a 401(k) plan sponsor, you don’t need to be an ERISA expert—you just need to avoid doing dumb things. Here are a few quick tips to help you stay on the right side of your fiduciary duties and keep your participants...more

Jackson Lewis P.C.

Harnessing AI Under ERISA: A Compliance and Oversight Guide for Retirement and Health Plan Fiduciaries

Jackson Lewis P.C. on

It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant...more

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