https://www.morganlewis.com/rss/blogsBlogs RSS Feed25https://www.morganlewis.com/blogs/mlbenebits/2026/10/irs-issues-new-epcrs-revenue-procedure-and-finally-establishes-ira-correction-programThe Internal Revenue Service has issued two pieces of new guidance addressing retirement-related corrections: a much-anticipated update to the IRS correction program for addressing tax-qualified retirement plan errors and a new correction program that provides important relief opportunities for owners and custodians of Individual Retirement Accounts (IRAs).Fri, 23 Oct 2026 00:00:00 -05004a84c4d7-9915-473c-9929-2b543501735fRetirement Plan Design & AdministrationLabor, Employment & BenefitsUnited StatesEBLBRClaire E. BouffardSarah L. EngleMatthew H. Haweshttps://www.morganlewis.com/blogs/mlbenebits/2026/10/pbgc-announces-multiemployer-pension-premiums-for-2027The Pension Benefit Guaranty Corporation announced on October 14, 2026 that for 2027 premiums for multiemployer pension plans will be a flat $42 per participant. This represents a 5% increase from 2026 rates (a $2 increase) and a 40% increase from rate levels 10 years ago ($30 per participant). The increase continues the upward trend of premium rates to combat inflation, strengthen the PBGC’s financial condition, and continue the agency’s ability to provide a safety net for workers and retirees who rely on their pension benefits.Wed, 21 Oct 2026 00:00:00 -0500badca62e-bfe4-4f78-a166-a854b096e02eMultiemployer PlansRetirement Plan Design & AdministrationLabor, Employment & BenefitsUnited StatesEBMEPEBLBRAmy Pocino KellyWilliam J. Marxhttps://www.morganlewis.com/blogs/mlbenebits/2026/10/california-amends-stay-or-pay-lawCalifornia’s stay-or-pay law generally prohibits contracts that require workers to repay “debts” upon leaving their employer unless the contract satisfies certain statutory requirements. As originally enacted, the law applied to contracts entered into on or after January 1, 2026. Many employers with California employees have revised employment agreements, signing and retention bonuses, tuition reimbursement programs, promissory notes, and other contracts to comply with the stay-or-pay law.Mon, 05 Oct 2026 00:00:00 -0500e9f8656a-e608-48e8-8771-c0fafa369e9fEmployment CounselingIndividual Employee Litigation & ArbitrationTrade Secrets, Proprietary Information & Noncompetition/​Nondisclosure AgreementsLabor, Employment & BenefitsUnited StatesLBRIPEBMims Maynard ZabriskieTyler J. Dixonhttps://www.morganlewis.com/blogs/mlbenebits/2026/10/pbgc-waives-requirement-to-report-attrition-events-under-its-reportable-events-regulationThe Pension Benefit Guaranty Corporation (PBGC) issued Technical Update No. 26-1 on September 18, 2026, which waives on a prospective basis the requirement to report an attrition event under the agency’s reportable events regulation, which can be found at 29 CFR Part 4043.Fri, 02 Oct 2026 00:00:00 -0500c7079737-b0b2-43d0-a46e-fbf56e436350Retirement Plan Design & AdministrationWorkplace Government Relations and RegulationLabor, Employment & BenefitsUnited StatesEBWSGRWTRLBRMatthew H. HawesMary A. Petrovichttps://www.morganlewis.com/blogs/mlbenebits/2026/09/what-goes-around-irs-audits-of-fixed-indemnity-health-wellness-benefit-plans-that-offer-purported-tax-savingsThe Internal Revenue Service (IRS) has begun to audit fixed indemnity health/wellness benefit plans that have been marketed by promising significant payroll tax savings to employers and employees. The IRS has long disagreed with the claimed tax treatment, issuing a steady stream of guidance since 2016 disagreeing with various iterations of such plans. However, the law and guidance in this area is complicated, and promoters offer opinions supporting the legality of these programs that can lead employers to potentially misinterpret the rules on benefits that can be excluded from employee income.Tue, 29 Sep 2026 00:00:00 -05004385a38a-e219-4318-9e3b-ac9507f0563aBenefits & Payroll Tax Health and Welfare Plan Design & AdministrationEmployment CounselingLabor, Employment & BenefitsUnited StatesEBLBRAnna M. Pomykalahttps://www.morganlewis.com/blogs/mlbenebits/2026/09/dont-call-it-a-comeback-pbgc-relaunches-opinion-letter-programThe Pension Benefit Guaranty Corporation (PBGC) has relaunched its Opinion Letter Program to provide enhanced compliance guidance under Title IV of ERISA. Employers, plan sponsors, unions, and practitioners can request opinion letters to clarify PBGC’s application of ERISA regulations to specific situations. Such requests will be reviewed, and any opinions issued by PBGC’s Office of the General Counsel.Tue, 01 Sep 2026 00:00:00 -050008bcb33b-5934-4a9f-81fb-f19a66cd6d71Multiemployer PlansERISA/Employee Benefits LitigationLabor, Employment & BenefitsUnited StatesEBMEPEBERISALBRLinda A. Way-SmithMary A. Petrovichttps://www.morganlewis.com/blogs/mlbenebits/2026/07/pbgc-provides-merger-guidance-for-sfa-plans-5-years-after-enactment-of-american-rescue-plan-actFive years after the US Congress enacted the American Rescue Plan Act’s Special Financial Assistance (SFA) program, the Pension Benefit Guaranty Corporation (PBGC) has issued new guidance addressing what happens when a plan that received SFA wants to merge with another plan.Wed, 01 Jul 2026 00:00:00 -0500bf765772-f70f-4a8e-941c-55d9df3865cbMultiemployer PlansLabor, Employment & BenefitsUnited StatesEBMEPEBLBRAmy Pocino KellyIsabella Wetheringtonhttps://www.morganlewis.com/blogs/mlbenebits/2026/06/designing-executive-loan-programs-in-the-context-of-incentive-equity-key-considerations-and-practicesExecutive loan programs have become a popular strategic response to complex executive compensation demands in a competitive talent market.Wed, 03 Jun 2026 00:00:00 -05001d92b3ab-53c8-4264-80d1-619a93ca2d02Labor, Employment & BenefitsExecutive CompensationUnited StatesEBLBRAustin S. LillingTimothy J. Durbin Gina L. LaurieroIsabella Wetheringtonhttps://www.morganlewis.com/blogs/mlbenebits/2026/04/roth-catch-up-rules-finalized-what-multiemployer-plans-need-to-knowThe US Department of the Treasury and the Internal Revenue Service have finalized regulations under the SECURE 2.0 Act that change how certain retirement plan participants may make catch-up contributions. Beginning in 2026, participants whose income meets certain thresholds and who are eligible to make catch-up contributions may, in many cases, only be permitted to do so on a Roth (after-tax) basis.Wed, 08 Apr 2026 00:00:00 -0500c631b37c-e8e9-4101-a051-bd39b58102d0Labor, Employment & BenefitsMultiemployer PlansRetirement Plan Design & AdministrationUnited StatesEBLBREBMEPLindsay M. GoodmanTyler J. Dixonhttps://www.morganlewis.com/blogs/mlbenebits/2026/03/irs-postpones-effective-date-of-certain-rmd-regulationsIn Announcement 2026-7 , the Internal Revenue Service (IRS) further delayed the application of certain required minimum distribution (RMD) proposed regulations until January 1, 2027, at the earliest. The delayed proposed regulations addressed certain changes to the RMD rules made by the SECURE 2.0 Act of 2022 (SECURE 2.0).Thu, 19 Mar 2026 00:00:00 -0500a57691f0-7fd3-4ca8-8b89-2697aca4884bLabor, Employment & BenefitsRetirement Plan Design & AdministrationUnited StatesEBLBRClaire E. BouffardGaeun Yoohttps://www.morganlewis.com/blogs/mlbenebits/2026/02/where-to-start-with-trump-accountsThe One Big Beautiful Bill Act created “Trump accounts” under Section 530A of the Internal Revenue Code. While many questions remain unanswered, Trump accounts essentially operate as retirement saving accounts for children, somewhat mirroring traditional individual retirement accounts (IRAs) but are subject to distribution restrictions before the beneficiary reaches age 18. The statute enables employers to contribute up to $2,500 annually per employee to the Trump accounts of their employee’s dependents. Employers can begin making contributions on July 4, 2026.Fri, 27 Feb 2026 00:00:00 -0600a065d331-f2aa-4208-894e-206221ed2b19Labor, Employment & BenefitsBenefits & Payroll TaxERISA/Employee Benefits LitigationTaxGovernment SolutionsUnited StatesEBLBRERISATAXLITIsabella Wetheringtonhttps://www.morganlewis.com/blogs/mlbenebits/2026/02/strengthening-fiduciary-hygiene-navigating-dol-scrutiny-and-new-litigation-risks-for-health-and-welfare-plansFor decades, fiduciary litigation under the Employee Retirement Income Security Act of 1974 (ERISA) was largely concentrated on 401(k) and pension plans. That era has ended. In recent years, we have seen class-action lawsuits targeting health and welfare plans. Plaintiffs’ firms have begun applying the excessive fee playbook to health plans, alleging that plan sponsors have failed to monitor pharmacy benefit manager pricing, allowed excessive broker commissions, and ignored opaque indirect compensation structures.Tue, 24 Feb 2026 00:00:00 -0600d97263ae-c1f7-428b-bb39-c290e58311f7Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationUnited StatesEBLBRSaghi Fattahianhttps://www.morganlewis.com/blogs/mlbenebits/2026/01/glp-1-coverage-obesity-and-the-ada-what-employer-health-plan-sponsors-need-to-knowGlucagon-like peptide-1 receptor agonists (GLP-1s) such as Ozempic, Wegovy, Mounjaro, and Zepbound have reshaped the landscape of diabetes and obesity treatment and quickly become one of the most significant cost drivers for employer-sponsored health plans.Wed, 07 Jan 2026 00:00:00 -0600d174d5be-dd34-461d-b6b5-b3d2648b090a Health and Welfare Plan Design & AdministrationLabor, Employment & BenefitsUnited StatesEBLBRSaghi FattahianAllison J. Fepelstein Claire M. LesikarTyler J. Dixonhttps://www.morganlewis.com/blogs/mlbenebits/2025/12/clearing-the-smoke-insights-from-the-williams-v-ballys-tobacco-use-surcharge-dismissalIn Williams v. Bally Management Group, LLC , the US District Court for the District of Rhode Island became the first court to grant a motion to dismiss in a class action challenging Bally Management Group’s (Bally) tobacco surcharge wellness program. The court dismissed the plaintiff’s challenge in full, rejecting both the ERISA nondiscrimination claim that the tobacco surcharge violated the “full reward” requirement and the fiduciary-breach claim. This decision is a favorable development for plan sponsors amid the recent surge of class actions targeting tobacco surcharge wellness programs, as discussed in our recent blog post .Fri, 12 Dec 2025 00:00:00 -06009358276e-3518-4d4a-aaef-568b83d5e6e9Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationERISA/Employee Benefits LitigationUnited StatesEBLBRERISAKimberly J. BoggsSaghi Fattahianhttps://www.morganlewis.com/blogs/mlbenebits/2025/09/management-corner-restrictive-covenant-considerations-for-executives-in-corporate-transactionsIn July 2025, we published an article (see link below) that discussed considerations relating to rollover and incentive equity in management representations in private equity transactions. This blog post addresses additional considerations for executives or teams of executives relating to restrictive covenants.Thu, 11 Sep 2025 00:00:00 -0500499cb157-5e1e-4b03-9c94-f5e5221f18e8Labor, Employment & BenefitsPrivate EquityMergers & AcquisitionsExecutive CompensationExecutive & Management Team RepresentationEBLBRPECBTMAAustin S. LillingPatrick RehfieldEmily Jordanhttps://www.morganlewis.com/blogs/mlbenebits/2025/08/preparing-for-a-successful-annual-benefits-enrollmentAnnual benefits enrollment, which for many companies will be in the coming months, typically lasts one to two weeks, but the preparation process begins several months in advance. For human resources (HR) and benefits teams, this period often involves a complex blend of strategic planning, system updates, vendor coordination, and employee communications. A well-executed enrollment period ensures that employees understand their options and are equipped to make informed decisions for themselves and their families.Thu, 28 Aug 2025 00:00:00 -0500651060eb-615f-4370-a830-f92ea993f2a8Labor, Employment & BenefitsRetirement Plan Design & Administration Health and Welfare Plan Design & AdministrationExecutive CompensationMultiemployer PlansEmployee Stock Ownership PlansEBLBREBMEPESOPSaghi FattahianLaurie Pricehttps://www.morganlewis.com/blogs/mlbenebits/2025/08/dol-rescinds-guidance-on-erisa-plan-sponsor-vendor-diversity-programThe US Department of Labor (DOL) has withdrawn prior guidance from 2023 supporting racial equity programs aimed at increasing racial diversity in a plan’s asset manager pool. That prior guidance had provided comfort to plan sponsors with vendor diversity programs that offering such a program would not necessarily be disfavored by the DOL. In Advisory Opinion 2025-01A, the DOL expressly rescinded its 2023 advisory opinion.Fri, 22 Aug 2025 00:00:00 -0500555308be-c138-445f-a43d-ce92fe113f6aLabor, Employment & BenefitsERISA Fiduciary DutyERISA/Employee Benefits LitigationEBLBRERISAElizabeth S. GoldbergRachel Mann https://www.morganlewis.com/blogs/mlbenebits/2025/08/latest-executive-order-could-redefine-retirement-investingThe US administration recently issued an executive order to expand access to alternative investments in ERISA-governed retirement accounts. The order titled Democratizing Access to Alternative Investments for America's Workers aims to modernize retirement plan investment options by including alternative investments, such as private equity, private credit, real estate, and digital assets like cryptocurrency, as designated investment alternatives.Thu, 14 Aug 2025 00:00:00 -0500be94d5cf-8b4f-4857-aed6-a14b1f43cb43Labor, Employment & BenefitsInvestment ManagementRetirement Plan Design & AdministrationPrivate EquityCorporate, Finance & Investment ManagementERISA Fiduciary DutyReal EstateEBLBRIMPGPECBTERISASECCraig A. BitmanElizabeth S. GoldbergMarla J. KreindlerMichael B. RichmanJulie K. StapelStephen C. TirrellNaina G. KamathRachel Mann https://www.morganlewis.com/blogs/mlbenebits/2025/08/irs-guidance-on-uncashed-and-reissued-checks-an-opportunity-to-review-payment-practicesIn a release that was fairly unsurprising in content, the Internal Revenue Service issued Revenue Ruling 2025-15 to address a payor’s tax withholding and reporting obligations with respect to stale and reissued retirement plan distribution checks. Importantly, to the extent that payors have been following the IRS’s prior guidance in Revenue Ruling 2019-19 and the existing reporting and withholding regulations, the ruling does not require any changes to existing practices.Wed, 13 Aug 2025 00:00:00 -0500372ec03f-2bed-470b-8933-95681f6d830eLabor, Employment & BenefitsEBLBRMatthew H. HawesAnna M. Pomykalahttps://www.morganlewis.com/blogs/mlbenebits/2025/07/one-big-beautiful-bill-impact-on-welfare-benefitsPresident Donald Trump signed the One Big Beautiful Bill (OBBB) into law on July 4, 2025. The OBBB is a wide-ranging piece of legislation that introduces significant reforms across multiple areas of federal policy, including changes affecting group health plans in the areas of telehealth coverage and dependent care assistance.Fri, 25 Jul 2025 00:00:00 -0500a1b6d770-cf64-4de8-89b0-2287191e4153Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationEBLBRSaghi FattahianAllison J. Fepelstein Lindsay M. GoodmanKimberly J. Boggshttps://www.morganlewis.com/blogs/mlbenebits/2025/06/reproductive-healthcare-privacy-final-rule-vacated-by-texas-courtThe US District Court for the Northern District of Texas on June 18, 2025 vacated portions of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (2024 Final Rule) related to reproductive healthcare privacy. The ruling in the case of Purl, M.D. v. US Department of Health and Human Services granted judgment in favor of the plaintiffs. Notably, the opinion only addressed reproductive healthcare privacy-related aspects of the 2024 Final Rule, and the court severed the provision of the 2024 Final Rule requiring updates to the HIPAA notice of privacy practices requirements relating to confidentiality of substance use disorder health records. That requirement remains intact and becomes effective February 16, 2026.Thu, 26 Jun 2025 00:00:00 -0500a90e5b5f-b5ea-45d9-91fb-48dfc895a4d7Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationExecutive CompensationRetirement Plan Design & AdministrationMultiemployer PlansEmployee Stock Ownership PlansHealthcareEBLBREBMEPESOPSaghi FattahianKimberly J. Boggshttps://www.morganlewis.com/blogs/mlbenebits/2025/06/us-administration-announces-intent-to-replace-biden-era-esg-ruleThe US Department of Labor’s (DOL’s) position on the appropriateness of environmental, social, and governance (ESG) investing strategies in ERISA-regulated retirement plans has ping-ponged for decades ( as we’ve covered previously ). A recent statement from Trump administration attorneys in a lawsuit challenging a Biden-era regulation on the topic indicates that the ball is likely sailing back to the other side of the table and specifically to a posture that is largely skeptical that ESG investment factors can comply with ERISA’s fiduciary duties.Tue, 24 Jun 2025 00:00:00 -050003fc5093-d6d2-47d0-85c9-e35963ed384cESG & Sustainability AdvisoryAntitrust & CompetitionInvestment ManagementInstitutional InvestorsERISA/Employee Benefits LitigationRetirement Plan Design & AdministrationLabor, Employment & BenefitsLitigation, Regulation & InvestigationsInvestment FundsATRIMPGEBERISALBRLITElizabeth S. GoldbergRachel Mann https://www.morganlewis.com/blogs/mlbenebits/2025/05/executive-order-targets-prescription-drug-pricing-potential-impact-on-group-health-plansPresident Donald Trump issued an executive order (EO) on May 12, 2025 to address the high cost of prescription drugs in the United States with the goal of ensuring Americans have access to most-favored-nation (MFN) pricing, which aligns drug prices in the United States with those in comparably developed countries.Tue, 27 May 2025 00:00:00 -05004ab764e6-db68-44ba-8179-b7f0184a04e8Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationERISA/Employee Benefits LitigationEBLBRERISASaghi FattahianLindsay M. Goodmanhttps://www.morganlewis.com/blogs/mlbenebits/2025/05/mental-health-parity-non-enforcement-statement-releasedThe US Departments of Labor, Health and Human Services, and the Treasury (the Departments) announced their non-enforcement policy on May 15, 2025, indicating they will not enforce any new requirements imposed by the Requirements Related to the Mental Health Parity and Addiction Equity Act (2024 Final Rule) until a final court ruling on a lawsuit filed by the ERISA Industry Committee in the US District Court for the District of Columbia challenging certain provisions of the 2024 Final Rule—plus an additional 18 months.Thu, 15 May 2025 00:00:00 -0500a0c2e5a7-5a0e-493d-9e29-c98a2ed825aeLabor, Employment & Benefits Health and Welfare Plan Design & AdministrationExecutive CompensationRetirement Plan Design & AdministrationMultiemployer PlansEmployee Stock Ownership PlansEBLBREBMEPESOPSaghi FattahianAllison J. Fepelstein Lindsay M. Goodmanhttps://www.morganlewis.com/blogs/mlbenebits/2025/05/us-district-court-grants-freeze-on-mental-health-parity-enforcementThe US Departments of Health and Human Services, Labor, and the Treasury (together, the Departments) filed a motion to suspend the litigation proceedings in The ERISA Industry Committee vs. HHS et al. on May 9, 2025 while the government reconsiders final regulations implementing the Mental Health Parity and Addiction Equity Act (MHPAEA). On May 12, the US District Court for the District of Columbia granted the stay.Wed, 14 May 2025 00:00:00 -0500b1973d4f-56aa-448e-91d3-fd1d4283c181Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationEBLBRSaghi FattahianLindsay M. GoodmanAllison J. Fepelstein