We are thrilled to congratulate Candace Finn on becoming an attorney at Boutwell Fay LLP!

Plan sponsors of qualified defined contribution plans such as 401(k) plans must update their pre-approved plans every six years to reflect law changes and to maintain their “pre-approved” status with the IRS. See Revenue Procedures 2007-44, 2016-44 and 2023-37. The most recent Cycle 3 restatement for 401(k) plans had a deadline of July 31, 2022.

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

We are thrilled to share some exciting news from our team! Boutwell Fay LLP is proud to announce that Partner Sherrie Boutwell and Of Counsel Evan Giller have both been selected by their peers for inclusion in the 2027 edition of The Best Lawyers in America® for their work in Employee Benefits (ERISA) Law.

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.

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.

We are delighted to welcome Carla Miller-James as Senior Counsel at Boutwell Fay LLP!

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

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

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!

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.

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.

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.