The Daily Brief for Benefits Professionals
BenefitsWire
Retirement Plans
July 3, 2026
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13 items · ~4 min read
In this issue
Regulatory Action and Guidance (7) · Retirement Plans (3) · Litigation (2) · General Benefits (1)
Regulatory Action and Guidance
7 items“Revenue Procedure 2026-25 resolves that uncertainty with a safe harbor: qualifying contributions are treated as gifts eligible for the annual gift tax exclusion. ... If all three conditions are met, each contribution is treated as a completed gift to the beneficiary rather than a future interest in property that would require a return. If any condition is not met (for example, if contributions to a single beneficiary exceed the annual exclusion), the donor must file gift tax returns for every Trump account beneficiary who received a contribution from the donor that year.” MORE >>
Source: Groom Law Group
“By July 31, employers that sponsor self-funded medical plans must report and pay their PCORI fee. By July 31, employers that sponsor calendar-year employee benefit plans that are subject to ERISA must file a Form 5500 (unless an exception applies) or request an extension by filing a Form 5558.” MORE >>
Source: JD Supra
The IRS has scheduled a public hearing on proposed rules (REG-113229-25) that would raise the dollar thresholds triggering Form 1099 information reporting for trade or business payments and adjust related backup withholding requirements; benefits professionals should monitor changes that could affect reporting obligations for plan-related payments. MORE >>
Source: IRS
“The draft rule, "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights," was submitted by the DOL's Employee Benefits Security Administration on June 30 to the Office of Information and Regulatory Affairs. The OIRA typically has up to 90 days to sign off on new regulations, though reviews often wrap up in less than a month, meaning the rule could be released within weeks. ... The DOL's proposed rule for selecting plan investments lays out for plan sponsors a prudent process for investment selection that, when followed, would provide a presumption of compliance with the duty of prudence, one of the two key fiduciary duties, along with the duty of loyalty, under ” MORE >>
Source: PLANADVISER
“The submission suggests that proposed guidance on ESG matters could be released in the weeks ahead Draft regulation that would replace the Biden Administration’s former environmental, social, and governance (ESG) rule has been shared with the White House for further review.” MORE >>
Source: PLANSPONSOR
[General Benefits]
Termination of Three Declarations Authorizing Emergency Use of Medical Devices During the COVID-19 PandemicHHS Secretary terminated three COVID-19 emergency use authorization declarations covering in vitro diagnostics, respiratory protective devices, and other medical devices, effective December 26, 2026, ending the legal basis for EUA-authorized COVID-related products that some employer health plans have covered. MORE >>
Source: U.S. Department of Health and Human Services
[General Benefits]
PBGC Ponders Adjustments to Recoupment of Benefit Overpayments“The Pension Benefit Guaranty Corporation (PBGC) has issued a proposed rule that would make changes to its rules on recoupment of benefit overpayments made under its insurance program for single-employer terminated plans for which it serves as trustee. ... The PBGC is especially concerned that the current recoupment methodology, which is based on actuarial concepts unfamiliar to many participants, makes the rules difficult to explain to participants and for participants to understand. ... Comments must be submitted on or before 60 days after the proposed rule is published in the Federal Register.” MORE >>
Source: American Retirement Association
Retirement Plans
3 items“For years, catch-up contributions to employer-sponsored retirement plans have been a straightforward tax planning tool: employees age 50 and older could set aside extra pre-tax dollars beyond the standard contribution limits, reducing their taxable income in their peak earning years.” MORE >>
Source: insurancenewsnet.com
“The Retirement Fairness for Charities and Educational Institutions Act would enable 403(b) plans to use collective investment trusts (CIT) as an investment option. ... CITs typically have lower investment fees than mutual funds and so tend to have better long-term returns. However, existing securities laws do not permit them to be used by 403(b) plan participants, though 401(k) plan participants have access to them.” MORE >>
Source: American Retirement Association
“Treasury announced that all Trump Accounts will be defaulted into investing in the State Street SPDR Portfolio S&P 500 ETF (” MORE >>
Source: Groom Law Group
Litigation
2 items“A former participant in the Parsons Corp. Retirement Savings Plan filed a class action complaint accusing Parsons Corp. and the fiduciaries overseeing its 401(k) plan of violating the Employee Retirement Income Security Act by retaining an allegedly underperforming mutual fund for more than a decade, costing participants more than $28 million in retirement savings. ... The complaint also alleges the dividend growth fund's performance ranked in the bottom quartile of large-cap blend funds across one-, three-, five- and 10-year periods as of September 2025, while charging higher fees than comparable funds. It further claims that plan fiduciaries continued offering the fund's more expensive Cla” MORE >>
Source: PLANADVISER
“A federal judge has dismissed (for the second time) a suit alleging a fiduciary breach in the selection and retention of a stable value fund. ... Judge Greisbach concurred, noting that "the comparators cited by Plaintiff are not meaningful benchmarks for the Fidelity SVF," and the "apples/oranges comparison asserted in the FAC does not raise the inference needed to support a plausible claim that Defendants breached their fiduciary duty of prudence in selecting and maintaining the Fidelity SVF as part of the Plan.” MORE >>
Source: American Retirement Association
General Benefits
1 item“When a younger worker thinks about retirement, Roth accounts are increasingly the starting point.” MORE >>
Source: PLANADVISER