ERISA

Subscribe to ERISA via RSS

As employers begin 2026, a new wave of Employee Retirement Income Security Act (ERISA) litigation is emerging involving voluntary products that serves as an important reminder that accurate Form 5500 reporting, fiduciary best practices, and good governance procedures are important for all ERISA-governed plans. According to Jackson Lewis’s recent article, several newly filed suits…

  • A bipartisan bill introduced in December 2025 would amend ERISA to treat pharmacy benefit managers (PBMs) as fiduciaries when providing services to employer-sponsored group health plans.
  • If enacted, the legislation would impose fiduciary duties, require detailed compensation disclosures, and restrict contractual indemnification provisions that shift fiduciary risk to plans.
  • Employers may gain increased transparency
…

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2026 (see IRS Notice 2025-67). Most notably, the limitation on annual salary deferrals into a 401(k) or 403(b) plan will increase to $24,500, and the dollar threshold for highly…

  • Generally, plan sponsors should be prepared to implement the Roth catch-up rule for taxable years beginning after December 31, 2025 (i.e., January 1, 2026, for calendar year plans).  This will require coordination with ERISA counsel, the company’s payroll provider, and the plan’s recordkeeper and third-party administrator.
  • Be prepared to discover mistakes and correct them
…

Private equity funds that acquire unionized portfolio companies may face significant withdrawal liability under ERISA’s multiemployer pension plan rules. A recent federal court decision in Longroad Asset Management, LLC v. Boilermaker-Blacksmith National Pension Trust underscores that liability hinges on whether the fund is deemed a “trade or business” and under “common control.” While the court…

Introduction

On August 7, 2025, President Donald J. Trump issued an Executive Order designed to broaden access to alternative investments, such as private equity, commodities, real estate, and certain digital assets, for participants in 401(k) and other defined contribution retirement plans. The initiative is framed as an effort to “democratize” investment opportunities that were historically…

It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant communications, AI introduces both new opportunities and new responsibilities for those overseeing Employee Retirement Income Security Act of 1974 (ERISA)-covered retirement and health plans…

A Texas federal court just shook the foundation of HIPAA’s reproductive health privacy protections — but the Supreme Court may have the final word. In a sweeping decision, Judge Matthew Kacsmaryk vacated key provisions of the 2024 Reproductive Health Rule, stripping away national safeguards on disclosing reproductive health information. Yet, a recent SCOTUS ruling in …

On June 2, 2025, the U.S. Department of Labor (DOL) announced a significant expansion of its compliance assistance tools by launching an Opinion Letter Program across five key enforcement agencies, including the Employee Benefits Security Administration (EBSA). This initiative aims to provide employers, plan sponsors, and other stakeholders with clear, tailored guidance on complex issues…

  • The 2025 CAR does not alter ERISA’s substantive fiduciary standards and considerations but eases the DOL’s previously hostile enforcement stance toward cryptocurrency and similar digital assets in 401(k) plans, restoring a “neutral” DOL enforcement approach. 401(k) plan fiduciaries must still consider all relevant ERISA factors and apply the necessary care, skill, prudence, and diligence
…