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.

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

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

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