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”)

IRS fees have increased in 2026, for VCP and Determination Letters. Be prepared!

Join Sherrie Boutwell online for an analysis of the impact of Zavislak v. Netflix Inc on ERISA reporting and other requirements. Hosted by BARBRI.

Plan sponsors of most types of retirement plans must amend their plan documents by the end of 2026.

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.