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Property Disputes and Personal Injury

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DOL Provides Temporary Relief on SECURE 2.0 Paper Statement Rules
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.
Candace Finn
3 minutes ago


Sweeping Changes to Student Loans: What This Means for Borrowers and Employers
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.
Allison Martinez, née De Tal
May 19


What Employers Need to Know About the Proposed Rules to Expand Access to Fertility Benefits
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.
Allison Martinez, née De Tal
May 15


Trump Accounts: At least 5 Million Reasons Why Employers Should be Ready for Questions
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.
Allison Martinez, née De Tal
May 7


The Bonus/Incentive Plan Drama Continues: Six Factors to be Used When Evaluating ERISA Status of a Bonus or Incentive Plan
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.
Jeffrey Penn
May 5


Proxy Advisors Are Maybe (i.e., Probably) Plan Fiduciaries According to the Department of Labor
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.
Allison Martinez, née De Tal
Apr 23


What Plan Fiduciaries Need to Know about the DOL’s Proposed PBM Transparency Regulations
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.
Boutwell Fay LLP
Apr 16


30 Minutes Now or 300 Hours Later? 3 Quick Steps to Mitigate the Ongoing Risk of Forfeiture Litigation
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.
Sherrie Boutwell & Candace Finn
Apr 9


What is EPCRS?
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.
Lauren Mamaghani
Apr 2


Employee Benefits: DOL Rules for Worker Classification, Key Employer Considerations
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!
Boutwell Fay LLP
Mar 27


Does Your Health and Welfare Plan Need a Committee?
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.
Katrina Veldkamp
Mar 19


New RMD Regulations Delayed Until 2027
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.
Lauren Mamaghani
Mar 12


And They All Said Rollover: IRS Updates Special Tax Notice for Retirement Plan Distributions to Reflect Recent Law Changes
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
Milton Heber
Mar 5


Joining the Party or Sitting on the Sidelines? What Employers Need to Know About Trump Accounts
On Sunday, February 8, 2026, over 100 million people watched the Super Bowl—and many may have been introduced to Trump Accounts (“Accounts”) for the first time. A 30-second commercial stated, “this year every American child gets an investment account” with millions of dollars being pre-funded. The promise of giving kids “free money” surely piqued the interest of children and parents alike. Employers, however, are not all rushing to incorporate Accounts into the suite of benef
Allison Martinez, née De Tal
Feb 26


Buried Treasure or Buried Trouble? New Mandatory Disclosure Requirements Just Enacted for ERISA Health Plan Fiduciaries Under CAA 2026
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
Sherrie Boutwell
Feb 23


2026 NBOA Annual Meeting & Business Solutions Showcase
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
Boutwell Fay LLP
Feb 18
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