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

The holiday season is here! Please notice our office hours have changed to celebrate the holidays!

On September 9, 2025, the DOL issued Advisory Opinion 2025-03A which concluded that the bonus program in which the former employees participated was not a pension plan designed to provide retirement income (as contemplated by ERISA Section 3(2)(A)) but instead a “bonus program” under 29 C.F.R. § 25120.3-2(c) and, consequently, that the programs were also not required to satisfy ERISA’s reporting, claims, vesting timing and funding provisions. 

We are continuing our holiday tradition with all new recipes in our 2025 cookbook! This year we focused on the ever-popular cookie, the most portable and tasty holiday treat!

California’s AB 692, effective January 1, 2026, will significantly change how employers structure tuition assistance programs and bonus arrangements

New FAQs clarify how employers can offer fertility benefits as an excepted benefit.

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.

As we head into the last quarter of the year, plan sponsors should be mindful of the upcoming SECURE 2.0 Act deadline for mandatory Roth catch-up contributions, effective January 1, 2026. The SECURE 2.0 Act was passed on December 23, 2022, so its amendment of Internal Revenue Code Section 414(v) to require mandatory Roth catch-up contributions isn’t new news.

Section 1557 of the Affordable Care Act (“ACA”) provides individuals shall not be subject to discrimination on the basis of sex under a health program or activity that receives federal financial assistance or is administered by an Executive Agency.  (42 USC 18116(a)).  As discussed in our blog post regarding United States v. Skrmetti, the contours of Section 1557’s prohibition of discrimination on the basis of sex remain a hotly litigated issue.

Join Boutwell Fay LLP as we will walk through common Form 5500 errors, what happens if you don’t make a filing deadline and how to avoid (or, if needed, appeal) Form 5500 late filing penalties.

Section 1557 of the Affordable Care Act (“ACA”) provides individuals shall not be subject to discrimination on the basis of sex under a health program or activity that receives federal financial assistance or is administered by an Executive Agency.  (42 USC 18116(a)).  As discussed in our blog post regarding United States v. Skrmetti, the contours of Section 1557’s prohibition of discrimination on the basis of sex remain a hotly litigated issue.

Big news from the Western Pension Meeting! Our team is proud to share that we won this year’s Photo Contest!

We are proud to share that The Best Lawyers in America® has recognized two of our partners in its 2026 Edition.

As we’ve advised, the times are changing when it comes to what participants’ retirement plan investment options.  On Thursday, August 7, 2025, the president signed an executive order to allow 401(k) participants to join institutional investors and non-ERISA retirement plans in investing in alternative investments like private equity, cryptocurrency, and real estate.  The order is aimed to place ERISA regulated 401(k) and defined contribution plan participants on an equal play

In her recent Daily Journal article "Strategic Connections Can Power Practice Growth," Sherrie Boutwell, partner at women-owned ERISA firm Boutwell Fay LLP, highlights collaboration as a key growth strategy for niche law firms.