The IRS updated its FAQs on educational assistance programs under Internal Revenue Code Section 127 to include recent legislative changes and clarifications, aiding employers who provide or plan to provide education benefits. These updates largely reaffirm existing rules while enhancing guidance.

On February 25, 2026, the Department of Labor proposed regulations under SECURE 2.0 requiring defined contribution plan administrators to provide at least one annual paper benefit statement and defined benefit plan administrators to provide a paper pension benefit statement every three years, with new rules for electronic delivery opt-out notices and affirmative elections. The regulations aim to clarify compliance with existing electronic disclosure safe harbors and prohibit fees for paper statements, applying to plan years starting January 1, 2026, while allowing good-faith compliance during the transition.

Employers have traditionally focused fiduciary governance on retirement plans, implementing formal committees and oversight due to fee litigation and regulatory scrutiny, while largely neglecting health and welfare plans; however, recent litigation is prompting increased attention to fiduciary responsibilities in health and welfare plan management.

Recent federal court rulings have vacated the Department of Labor’s 2024 fiduciary rule, raising questions among retirement plan service providers about whether they still need to rely on PTE 2020‑02 for non-discretionary fiduciary advice. The article addresses implications for providers acting as ERISA fiduciaries.

A 2022 legal change under the No Surprises Act has enabled out-of-network medical providers to secure independent dispute resolution (IDR) awards often exceeding four times in-network rates, significantly increasing costs for self-funded group health plan sponsors who ultimately bear these inflated expenses. Given the opaque and unchallenged nature of the IDR process, plan sponsors are advised to actively request detailed dispute reports from their TPAs and monitor developments, as rising arbitration awards risk escalating plan costs and premiums.

The Departments of Labor, Health and Human Services, and the Treasury released their 2025 Report to Congress highlighting active enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA), particularly focusing on the requirement for detailed comparative analyses of non-quantitative treatment limitations (NQTLs). The report underscores employers' responsibility for MHPAEA compliance, urging them to work closely with service providers to ensure accurate plan administration and thorough documentation to avoid violations that can prolong investigations.

Two unpublished appellate decisions involving the same change in control severance plan reached opposite standards of review: the Fifth Circuit applied abuse of discretion based on broad delegated authority including factual findings, while the Tenth Circuit applied de novo review, limiting delegation to textual ambiguities only. These contrasting rulings highlight the importance for employers to draft discretionary authority clauses in severance plans broadly and clearly to secure deferential judicial review of eligibility disputes.

The Department of Labor’s EBSA issued Field Assistance Bulletin 2026-01, signaling a significant enforcement shift emphasizing investigations of egregious fiduciary breaches of the duty of loyalty, discouraging novel legal theories in enforcement, and increasing centralized leadership oversight for consistency and timeliness. This approach suggests fewer overall investigations focused on clear conflicts of interest and significant harm, urging plan sponsors and fiduciaries to strengthen governance, especially regarding conflicts of interest and health benefit plans.

Proposed regulations for Trump Accounts, introduced in March 2026, clarify eligibility, enrollment, contribution limits, and investment options for this new IRA pilot program targeting children born 2025–2028, but do not address employer contributions or certain administrative details. The program, managed initially by BNY Mellon with Robinhood as trustee, allows account openings starting with 2025 tax returns, though several operational and employer-related issues remain unresolved pending future guidance.

The U.S. Department of Labor’s Employee Benefits Security Administration issued Field Assistance Bulletin No. 2026‑01, establishing new principles for ERISA enforcement and indicating the Department's future regulatory focus. Though intended as internal guidance for EBSA investigators, the bulletin reveals the DOL's enforcement priorities moving forward.