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A weekly review of employee benefits law, guidance, and practice.

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Court Decisions

Hamburger v. Cvs Caremark
District Court, District of Columbia · via CourtListener2026-06-10

Plaintiff's ERISA claim for denial of benefits fails because his health plan explicitly excludes Zepbound coverage, and his fiduciary duty claim lacks plausible allegations of breach.

Kalil v. Kalil
Superior Court of Delaware · via CourtListener2026-06-08

Plaintiff claims defendant mismanaged pension funds as company president in violation of ERISA and fiduciary duties; court denied defendant's motion for judgment on pleadings and plaintiff's motions.

Retirement Plans

Why Retirement Plan Mistakes Are More Common Than Plan Sponsors Think
The Rosenbaum Law Firm P.C · via JD Supra2026-06-12

Many plan sponsors assume that once a retirement plan is established and service providers are hired, the plan will simply run itself. Unfortunately, that assumption is one of the reasons operational mistakes in retirement plans are far more common than most sponsors realize.... By: Ary Rosenbaum - The Rosenbaum Law Fi…

Cheers for Charity Parity Legislation
Groom Law Group, Chartered · via JD Supra2026-06-12

Great news for retirement plan participants who wish to make charitable distributions directly from their qualified plan accounts! A bipartisan group of Representatives and Senators have joined to co-sponsor the “Charity Parity Act,” which would allow qualified charitable distributions (QCDs) from Code section 401(k), …

This Week From the Hill (June 8 – 12, 2026)
Groom Law Group2026-06-11

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing, or another hot-button matter. The partial government shutdown involving agencies under the Depa…

John L. Utz Highlights ERISA Enforcement Guidance in HR.com
Spencer Fane2026-06-09

Spencer Fane attorney John L. Utz wrote the article DOL ERISA Enforcement Shift: What The New EBSA Guidance Means For Employers recently published by HR.com. In John’s article, which originated as a firm blog post, he reviews new Department of Labor guidance that updates how the agency will approach enforcement of the …

Small Savers, Big Future: Our Journey to TrumpIRA.gov
Carlton Fields · via JD Supra2026-06-09

To understand Executive Order 14403, titled “Promoting Retirement-Savings Access for American Workers by Establishing TrumpIRA.gov,” issued by President Trump on April 30, 2026, it is helpful to understand the government’s ongoing journey to achieve greater retirement plan savings. With defined-contribution plans becom…

US Department of Labor ERISA Enforcement Spring 2026 Updates
Morgan Lewis · via JD Supra2026-06-09

This LawFlash discusses recent developments on the US Department of Labor’s activities regarding ERISA violations, including the department’s stated intent to depart from “regulation by enforcement” and updates to its official enforcement priorities and statistics on enforcement accomplishments.... By: Morgan Lewis

Alternative Assets in 401(k) Plans: An ERISA Centered Perspective
Bricker Graydon Wyatt LLP · via JD Supra2026-06-09

The conversation around alternative assets in 401(k) plans is gaining momentum, driven by regulatory developments, product innovation, and a growing willingness among plan sponsors to consider broader investment options. To understand where things stand—and where they may be headed—it helps to start with the ERISA fram…

The Pensions Brief: June 2026
Mayer Brown · via JD Supra2026-06-06

ISSUES AFFECTING ALL SCHEMES INHERITANCE TAX CHANGES - PROVISION OF INFORMATION REQUIREMENTS - HM Revenue & Customs (HMRC) has published draft regulations for consultation setting out the new provision of information requirements that will apply in relation to the changes to the inheritance tax (IHT) treatment of death…

Proposed Submission of Information Collection for OMB Review; Comment Request; Generic Clearance for the Collection of Qualitative and Quantitative Feedback on Agency Service Delivery
PBGC2026-06-05

The Pension Benefit Guaranty Corporation intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of the collection of information on qualitative and quantitative feedback on PBGC's service delivery (OMB Control Number 1212-0066; expires October 31, 2026). Th…

Mayer Brown Submits Comment Letter on DOL Proposed Investment Selection Rule on Behalf of Coalition of Investment Managers and Investment Advisers
Mayer Brown · via JD Supra2026-06-05

Mayer Brown partners, Erin Cho and Rick Nowak, submitted a comment letter on behalf of the Coalition for Modern Retirement Solutions (“CMRS”) to the US Department of Labor’s Employee Benefits Security Administration ("EBSA") in response to the Department’s proposed rule on Fiduciary Duties in Selecting Designated Inves…

Unlocking Alternative Assets for 401(k) Plans
Stinson LLP · via JD Supra2026-06-05

The DOL's Proposed Safe Harbor and What It Means for Asset Managers, Advisers, and Plan Sponsors - On March 30, 2026, the U.S. Department of Labor (DOL) released a proposed rule titled "Fiduciary Duties in Selecting Designated Investment Alternatives" (the Proposed Rule), which would establish a process-based safe harb…

Health & Welfare

Federal Agencies Propose New “Excepted Benefits” Category for Fertility Coverage
Katten Muchin Rosenman LLP · via JD Supra2026-06-10

On May 10, 2026, the Departments of Labor, Health and Human Services, and Treasury (the “Departments”) jointly proposed a rule that would create a new category of “excepted fertility benefits” under federal law (the “Proposed Rule”). The Proposed Rule represents the most significant federal regulatory action on fertili…

DOL Signals Continued MHPAEA Enforcement Amid Rulemaking Reset
Arnall Golden Gregory LLP · via JD Supra2026-06-05

The DOL has issued new guidance outlining the EBSA’s enforcement priorities, alongside the 2025 MHPAEA report to Congress, which was jointly filed by DOL, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”). Together, these materials signal a reset in regula…

Leave & Time Off

Virginia Expands Paid Sick Leave Program to Cover Most Employees
Groom Law Group2026-06-08

On May 20, 2026, Governor Spanberger signed SB 199/HB 5, a new statewide Paid Sick Leave (“PSL”) program (“Act”). Virginia previously required PSL only for home health workers (codified Va. Code §§ 40.1‑33.3 through 40.1‑33.6). SB 199/HB 5 significantly expands coverage to nearly all employees in the Commonwealth. Key …

Virginia Joins the Club: Paid Family and Medical Leave Coming Soon
Epstein Becker & Green · via JD Supra2026-06-06

Governor Abigail Spanberger recently signed HB 1207 (the “Act”), establishing a new paid family and medical leave (PFML) insurance program in the Commonwealth of Virginia. As a result, Virginia will become the 16th state to provide PFML for private-sector employees.... By: Epstein Becker & Green

Supporting the Sandwich Generation: FMLA, ADA & Employer Strategies
Miller Johnson · via JD Supra2026-06-05

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the growing workplace challenges created by employees who are caring for aging parents, often while still raising children themselves. As the “sandwich generation” becomes more common, HR professionals are increasingly navigating complex leave…

Executive Compensation

New Guidance on Expanded IRC Section 4960 Excise Tax: Proposed Regulations Coming Soon
Groom Law Group2026-06-12

On June 5, 2026, the Treasury Department and IRS issued IRS Notice 2026-36 (the “Notice”), announcing that proposed regulations under IRC Section 4960 are imminent. As background, Section 4960 imposes a 21% excise tax on applicable tax-exempt organizations (“ATEOs”) that pay covered employees remuneration in excess of …

SEC Proposes Less Public Company Compensation Disclosure
Hughes Hubbard & Reed LLP · via JD Supra2026-06-09

The Securities and Exchange Commission has proposed amendments that would substantially expand the availability of scaled executive compensation disclosure and related proxy voting relief for many public companies. The proposal is part of a broader effort to reduce public-company compliance burdens and make the public …

Case Commentary

The Headline Is Dramatic. The Reality Is Familiar
The Rosenbaum Law Firm P.C · via JD Supra2026-06-08

Let’s not overcomplicate it. A federal court wiped out the 2024 Retirement Security Rule, and the Department of Labor responded the only way it really could—by reverting to the old five-part fiduciary test. That’s not reform. That’s not progress. That’s hitting rewind and pretending the last few years were just a bad s…

Outdated Assumptions, New Exposure: What Southern Company Means for Defined Benefit Plans
Nelson Mullins Riley & Scarborough LLP · via JD Supra2026-06-06

Following a wave of high‑profile settlements involving large defined benefit pension plans, including Raytheon (which settled for around $59 million) and CITGO (which settled for around $10 million), and as they await litigation outcomes in pending MetLife and Southern Company Services cases, now is a good time for emp…

Regulatory & Guidance

Evolving Fertility Benefits: Proposed Regulations and What They Mean for Employers
Nelson Mullins Riley & Scarborough LLP · via JD Supra2026-06-11

The Departments of Labor, Health and Human Services, and Treasury recently published proposed regulations aimed at expanding employer-provided access to fertility benefits. The Proposed Regulations implement President Donald Trump’s February 2025 Executive Order 14216, Expanding Access to In Vitro Fertilization, which …

Excepted Fertility Benefits Proposed Rule: Key Takeaways for Employers
IFEBP — Word on Benefits2026-06-09

Learn about the newly proposed requirements for excepted fertility benefits, the design and cost flexibilities available to employers, and the key uncertainties to be resolved in today's blog. The post Excepted Fertility Benefits Proposed Rule: Key Takeaways for Employers appeared first on Word on Benefits .

Other Benefits News

The Fiduciary Duty Plan Sponsors Can’t Delegate
The Rosenbaum Law Firm P.C · via JD Supra2026-06-12

Many plan sponsors believe that once they hire a recordkeeper, TPA, or investment advisor, their fiduciary responsibilities are largely taken care of. While service providers certainly help manage the plan, there is one fiduciary duty that plan sponsors can never fully delegate: the responsibility to monitor those prov…

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