Trump Accounts (“Accounts”) launched on July 4, 2026. The Accounts are intended to be a treasure chest where wealth can be stashed away for children until they turn 18. While the Accounts’ statutory framework has been established, the government is still hammering out the regulatory details to keep them shipshape. Join us as we explore what employers should consider when deciding whether to integrate Accounts into their benefits packages, and how to make sure they’re seaworth

Highly anticipated proposed regulations governing employer contributions to Trump Accounts (“Accounts”) and related nondiscrimination rules were published on August 11, 2026. (91 Fed. Reg. 51611). These proposed rules came with a bonus—proposed nondiscrimination rules for dependent care assistance programs—which we will cover in a future post. The proposed rules provide much needed information for employers considering adding Accounts to benefits packages offered to employees

Section 4960 of the Internal Revenue Code imposes an excise tax on certain executive compensation paid by applicable tax-exempt organizations. While the basic framework of Section 4960 has remained in place since 2017, Congress amended the statute in 2025 to expand the definition of a covered employee and provide for annual inflation adjustments to the remuneration threshold. The IRS has also issued Notice 2026-36 providing initial guidance on how it intends to interpret the

There are now more than 75 tobacco surcharge class actions pending in federal courts across the nation. Since our last article in January 2026, tobacco cessation litigation continues to heat up as cases have now spread to the First, Second, Sixth, Seventh, and Eight Circuit Courts of Appeal. As older cases work their way through the judicial system, new cases continue to be filed—with Comcast and Waffle House being two of the latest employers to be haled into court.

We are excited to share that our Partner, Sherrie Boutwell, will be co-presenting at the upcoming ASPPA Conference!

Promoters are selling programs to employers that purport to save on payroll taxes by combining an insurance policy with a “wellness” payment that promoters claim is not taxable wages. The Internal Revenue Service (IRS) has repeatedly rejected these schemes as impermissibly “double dipping” on tax benefits, but these products continue to proliferate. This column explores IRS guidance on these arrangements and potential risks to employers under federal law.

In our latest FAQ article, the Boutwell Fay team outlines the exact criteria required to qualify for and maintain this transition window. We also explore how Section 315 and Section 101 of the SECURE 2.0 Act impact plan mergers and family attribution rules, as well as why engaging ERISA counsel for a legal opinion is essential now that the IRS no longer issues determination letters for coverage testing.

If your organization sponsors a pre-approved 403(b) plan, an important compliance deadline looms on the horizon. The Internal Revenue Service (IRS) requires employers maintaining a pre-approved 403(b) plan to adopt a restated plan document (formally referred to as a Cycle 2 restatement) by December 31, 2026 to maintain reliance on the IRS approval.

July 4, 2026, marks America’s 250th birthday, and the first day when contributions can be made to Trump Accounts (“Accounts”). The Department of Treasury and the Department of Labor (“DOL”) have dedicated considerable resources in preparation for the big day. Most recently, the Department of Labor issued Technical Release 2026-02, announcing that the Accounts will—generally—be exempt from ERISA. This article will explore Technical Release 2026-02, what it means for employers

A reminder that our office will be closed on July 3rd in observance of the 4th of July.

If a SECURE 2.0 amendment recently landed in your inbox and your first reaction was, "Wait, aren't we a few years late to this party?" you're not alone.

On March 30, 2026, the Department of Labor released its proposed rule, “Fiduciary Duties In Selecting Designated Investment Alternatives” implementing President Trump’s Executive Order 14330, titled Democratizing Access to Alternative Assets for 401(k) Investors, from August 2025, requesting the DOL create a pathway for plan fiduciaries to offer participants in 401(k) plans opportunities to invest in alternative investment types that present the possibility for higher returns

The DOL issues Field Assistance Bulletin 2026-02, providing temporary enforcement relief for SECURE 2.0’s new paper pension benefit statement requirements while proposed regulations are finalized.

The One Big Beautiful Bill Act contains substantial changes to student loans, and, as a result, employers may wish to consider revising their current employee benefits plans to attract new employees and assist current employees with their student loan obligations.

Explore how the Department of Labor’s May 2026 proposed rules designate fertility benefits as a "limited excepted benefit," offering employers more flexibility and fewer regulatory burdens.

Prepare for the July 4, 2026 rollout of Trump Accounts under the OBBA. Learn about employer contribution limits, the $1,000 federal seed, and how to handle upcoming employee payroll deduction requests.

The Fourth Circuit establishes a non-exhaustive list of six factors to be used when evaluating the ERISA status of a bonus or incentive plan. Determine if your incentive compensation program is an ERISA-exempt bonus plan or subject to ERISA’s reporting, claims, vesting timing, and funding provisions.

The Department of Labor (“DOL”) issued Technical Release 2026-01, and an accompanying News Release, declaring proxy advisors who render their services pursuant to a mutual understanding on an ongoing basis for a fee will ordinarily be considered a plan fiduciary.

In January 2026, the U.S. Department of Labor (“DOL”) issued proposed regulations designed to leverage ERISA’s prohibited transaction rules to make more transparent the fees paid to pharmacy benefit managers (“PBMs”) by self-funded group health plans.

Mitigate 401(k) forfeiture litigation risk in 2026. A 3-step fiduciary guide to plan document compliance, auditing operations before the SECURE 2.0 deadline, and analyzing recent ERISA settlements like Providence Health and Capital One.

Discover how the Employee Plans Compliance Resolution System (EPCRS) helps sponsors fix retirement plan errors, maintain tax-favored status, and comply with IRS SECURE 2.0 updates.

Misclassifying even a small portion of your workforce can create numerous tax and other risks for employers, including with respect to employee benefit plans. Sherrie Boutwell will be presenting on a panel for BARBRI regarding how misclassification of employees as independent contractors can adversely affect employee benefit plans, including tips for mitigating these risks. Hope you can join us!

As employer-sponsored health and welfare plans grow more complex, transparency rules abound, new health and welfare plan fee disclosure rules take effect, and class action lawsuits increase (see our recent blog posts regarding voluntary benefits litigation and tobacco cessation program litigation), the need for structured oversight becomes critical. While ERISA doesn’t mandate fiduciary committees for these plans, forming one may be a smart move for plan sponsors.

Last month, the Treasury Department and IRS (the “Agencies”) released Announcement 2026-7, stating that they anticipate future regulations finalizing certain portions of the 2024 proposed regulations governing required minimum distributions under Code Section 401(a)(9) (“RMDs”) to take effect no earlier than 2027. Before this announcement, these regulations were anticipated to take effect in the 2026 distribution calendar year.

Sherrie Boutwell, executive partner at Boutwell Fay, LLP has been selected to the 2026 Southern California Super Lawyers list. The top 5% of the lawyers in Southern California are selected by Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Plan administrators of qualified plans, 403(b) plans, and governmental 457(b) plans are required under Internal Revenue Code (IRC) §402(f) to provide a written explanation regarding eligible rollover distributions (sometimes called a “special tax notice”) to participants 30-180 days before making an eligible rollover distribution. The IRS issued Notice 2026-13 on January 15, 2026 to update the information required to be in the special tax notice for recent law changes, inclu

Buried in the new federal law governing Pharmacy Benefit Managers, (which is generally effective beginning in 2028) is a broad expansion of the group of “covered service providers” who are required to provide written fee disclosures to health plan fiduciaries and a mandate that health plan fiduciaries collect such disclosures. Although the effective date of the new provision is not clear, it could be effective as early as the date the new law went into effect— February 3, 20

Join Sherrie Boutwell and Evan Giller of Boutwell Fay, LLP as they discuss "How to Fix Your Retirement Plan When Something Breaks” at the 2026 NBOA Annual Meeting & Business Solutions Showcase in Orlando, FL. Where: 2026 NBOA Annual Meeting & Business Solutions Showcase. When: March 3rd, 2:30-4 PM EST. Topics: IRS & DOL correction programs to fix retirement plan errors. What can be corrected without involving any agencies? Tips and practical techniques from experienced inside

On December 23, 2025, four class action lawsuits were filed in the Northern District of Illinois and the Southern District of New York. These suits allege employers who sponsored voluntary employee benefits plans, and their insurance brokers, violated the Employee Retirement Income Security Act of 1974 (“ERISA”). This article explores the allegations in these complaints and offers suggestions as to what employers can do to avoid—or at least be best positioned to defend—simi

We are pleased to share that Evan Giller of Boutwell Fay, LLP, will be on the Practitioner's Panel at the 2026 TE/GE Joint Council Meeting in Washington, DC. The panel will discuss current, practical issues and suggested solutions to inform EBSA and provide feedback on February 26, from 9:50-10:50 am EST. Event Dates: February 25-27 Location: 975 F Street, NW Washington, DC 20004 & Virtual Option 2026 TE/GE Joint Council Meeting information & registration:

Some GLP-1s, like Ozempic, are injectable drugs approved by the U.S. Food and Drug Administration (“FDA”) to help adults with type 2 diabetes manage blood sugar levels. The FDA has approved other GLP-1s for weight management, with Wegovy becoming the first FDA approved daily pill in December 2025. As the popularity and accessibility of GLP-1s for weight loss has grown dramatically over recent years, employers continue to grapple with questions related to their cost and covera

Tobacco cessation program litigation is a hot topic with more than a dozen cases currently pending in federal courts. To date, the total settlements reached in tobacco program cessation cases exceed $10 million. As this area of law continues to develop and avoid costly litigation, it’s worth reviewing your plan’s surcharges related to tobacco use and its related tobacco cessation programs.Sherrie Boutwell and Allison Martinez’s article, Does Your Wellness Program Need a Toba

The U.S. Department of Labor announced important updates to its Delinquent Filer Voluntary Compliance (DFVCP) Program, which for the first time now offers relief to Form M-1 filers such as Multiple Employer Welfare Arrangements (MEWAs”)

We are pleased to welcome Jeffrey Penn as the newest attorney to join Boutwell Fay LLP!

Attendees will learn the basics about different types of M&A transactions and their impact on employee benefits, key issues to look out for and potential pitfalls to avoid.

The Internal Revenue Service (“IRS”) recently released the final 2025 Instructions for Forms 1094-C and 1095-C (“2025 Instructions”). Though self-insured employers and applicable large employers have been required to file these forms with the IRS—and furnish copies of forms to their employees—for over a decade, we regularly assist employers who have questions about (or have received proposed penalty notices related to) these forms.

This week the IRS finalized and announced retirement plan and related limits for 2026. Many categories were increased, but the annual the elective deferral limit for 401(k) and 403(b) plans and the compensation used to determine Highly Compensated Employee status remained the same. Notably, the IRS unexpectedly increased the FICA wage threshold for Roth catch-up contributions from $145,000 to $150,000 for catch-up contributions made in 2026.

As we approach the new year, it’s time to review the updated contribution and limit amounts for 2026. The IRS has announced increases across several key areas, including HSAs, FSAs, and other employee benefit accounts.

Nonprofit organizations often look for ways to attract and retain key executives through deferred compensation arrangements. Three common approaches are the 457(b) plan, 457(f) plan, and split-dollar life insurance plan. Each can supplement retirement benefits, but they differ in eligibility, funding, and tax treatment.

The Mental Health Parity and Addiction Equity Act (MHPAEA) was enacted in 2008 and generally prevents most group health plans that provide mental health and substance use disorder (MH/SUD) benefits from imposing more restrictive coverage limitations on those benefits than on medical/surgical (M/S) benefits.