Compliance Stuff

On May 12, 2026, the U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin (FAB) No. 2026-02 addressing its temporary enforcement policy regarding pension benefit statements under Section 105(a)(2)(E) of the Employee Retirement Income Security Act (ERISA). 0:00 6:26 Quick Hits On May 12, 2026, the DOL announced temporary enforcement relief for retirement plan administrators that make good faith efforts to follow the new paper pension benefit statement rules. The policy allows plan administrators to rely on reasonable interpretations of the proposed rules until the DOL issues final guidance. Plan sponsors using electronic delivery may want to consider giving newly eligible participants an initial paper notice about their right to request paper documents. Background Section 105(a)(2) of ERISA through Section 338(a) of the SECURE 2.0 Act of 2022 (SECURE 2.0) requires that defined contribution plans furnish at least one pension...

Since 2019, Congress has enacted three major pieces of legislation impacting retirement plans, significantly changing the retirement landscape. The legislation contained a number of amendments to the Internal Revenue Code and the Employee Retirement Income Security Act, as amended, that impact employer-sponsored retirement plans (e.g., 401(k) plans, 403(b) plans, defined benefit plans, and even Puerto Rico plans). In a nutshell, the legislation we’re talking about includes: SECURE Act (1.0) .  Signed into law on December 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act was by far the most significant overhaul of the retirement plan landscape since the Pension Protection Act of 2006. Click  here  and  here  for more information. CARES Act.   The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020.  T he CARES Act included provisions that provided a much-needed lifeline fo...

Employer-sponsored group health plans operate at the intersection of multiple federal regulatory frameworks — ERISA, the ACA, COBRA, HIPAA, the Mental Health Parity and Addiction Equity Act (MHPAEA), and more. Each imposes its own documentation requirements, reporting deadlines, and operational obligations. The challenge for most employers is not a lack of intent to comply, but the sheer complexity of keeping pace with layered and frequently updated rules. A proactive, systematic compliance review conducted with legal guidance is one of the most effective tools employers have to reduce legal exposure, strengthen plan governance, and prepare for regulatory inquiries . The following overview identifies the key compliance areas that such a review should cover. Plan Governance and ERISA Documentation ERISA requires every welfare benefit plan to be maintained pursuant to a written plan document that satisfies specific requirements. Compliance reviews routinely reveal documentation gaps that...

Before employers roll out a new severance program, they should ask one additional question:  Are we unintentionally creating an ERISA plan? The more administratively complex a severance program is, the more likely it is to fall under the Employee Retirement Income Security Act (ERISA). In general, ERISA applies when an employee benefit or program requires the employer to maintain an  “ongoing administrative scheme”  to operate it. Does ERISA Apply? If a severance arrangement is covered by ERISA, it will be treated as either a  welfare benefit plan  or a  pension plan —employers generally prefer to avoid the additional requirements applicable to either type of plan. Courts look at several factors when deciding whether ERISA applies , including: How severance payments are made (one-time lump sum vs. installments) The employer’s discretion in determining eligibility and benefits The expected duration of the program (single event vs. ongoing) Whether additiona...

The US Labor Department just announced it will shift the focus of its investigation resources to non-union workplaces, promising to provide “maximum clarity” about employers’ legal obligations . The new strategy was outlined in a February 26 memo titled “Enforcement Priorities to Protect the American Worker and Those Who Depend on Him” released by DOL General Counsel Jonathan Berry. The blueprint underscores the agency’s shift to an employer-friendly, compliance focus, as it endeavors to enact President Trump’s goals of cutting federal regulations . It also sheds further light on the agency’s priorities as it navigates staffing reductions and new enforcement projects, such as its ramped-up scrutiny of the H-1B immigration program. Here are the important points of the memo that your business should know. Non-Union Focus In the instruction to DOL’s associate and regional solicitors, Berry said that the agency’s enforcement arm shouldn’t prioritize investigation at workplaces covered by c...

The federal Consolidated Appropriations Act of 2026 (CAA 2026) and recent regulatory developments could potentially dramatically overhaul reporting and disclosure requirements for pharmacy benefit managers (PBMs) and give new rights to employers sponsoring group health plans generally over the next several years. 00:00 24:53 Quick Hits The Consolidated Appropriations Act of 2026 (CAA 2026) represents the most sweeping federal effort to date to regulate pharmacy benefit managers (PBMs). Most of the changes will not take effect until 2029 (for calendar year plans). At the center of the CAA 2026: full pass-through of rebates and required compensation disclosure by PBMs. The CAA 2026 represents the most sweeping federal legislative effort to regulate the pharmacy benefit management industry to date. Signed into law on February 3, 2026, the CAA 2026 broadly applies to all employer-sponsored group health plans, including both self-funded and fully-insured plans, and creates new mandatory rep...