The Daily Brief for Benefits Professionals
BenefitsWire
Retirement Plans
July 10, 2026
— § —
18 items · ~6 min read
In this issue
Regulatory Action and Guidance (3) · Retirement Plans (7) · Litigation (3) · General Benefits (5)
Regulatory Action and Guidance
3 items“The DOL concluded that Trump Accounts and related employer Trump Account Contribution Programs (TACPs) will generally not constitute "employee pension benefit plans" under ERISA Title I, even if funded in whole or in part by employer contributions pursuant to IRC section 128. ... Prior to Technical Release 2026‑02, ERISA classification was a key unresolved risk for employers, particularly given that TACPs require a written employer program and could resemble benefit plans. DOL's conclusion that TACPs will generally not be subject to ERISA removes a major barrier for employers.” MORE >>
Source: theemployerreport.com
“The DOL concluded that Trump Accounts and related employer Trump Account Contribution Programs (TACPs) will generally not constitute "employee pension benefit plans" under ERISA Title I, even if funded in whole or in part by employer contributions pursuant to IRC section 128. The guidance provides favorable clarity and removes a potential stumbling block for employers considering establishing a TACP. ... DOL's conclusion that TACPs will generally not be subject to ERISA removes a major barrier for employers.” MORE >>
Source: thecompensationconnection.com
“a particular fund's underperformance relative to other investments that are not made available in the same plan does not by itself raise a plausible inference of imprudent fiduciary conduct" but requires measuring the fund's performance against a "meaningful benchmark — a fund that shares sufficient characteristics to provide a basis for comparison." ... the Labor Department explained that "ERISA's duty of prudence requires fiduciaries to engage in an appropriate process to determine whether a particular investment decision would be appropriate" — a duty that it asserts "does not depend on ultimate investment results.” MORE >>
Source: American Retirement Association
Retirement Plans
7 items“The Internal Revenue Service (IRS) requires employers maintaining a pre-approved 403(b) plan to adopt a restated plan document (formally referred to as a Cycle 2 restatement) by December 31, 2026 to maintain reliance on the IRS approval. A Cycle 2 restatement is more than just another plan amendment. It is a comprehensive update and replacement of your plan document that incorporates changes in applicable law and IRS guidance since the last 403(b) pre-approved plan cycle. ... Many document providers are providing the Cycle 2 restatement and then intending to separately issue a SECURE 2.0 amendment later this year. As a result, plan sponsors may receive additional plan document updates relati” MORE >>
Source: Boutwell Fay
“Goldman Sachs Asset Management L.P. was hired as an outsourced CIO for the retirement plans of Verizon Communications Inc. and the Lockheed Martin Corp., Goldman Sachs announced Thursday, securing a combined $70 billion in new mandates. The two companies will outsource a combined $30 billion in defined benefit assets and a combined $40 billion in defined contribution assets. Goldman now manages a combined $480 billion in OCIO assets.” MORE >>
Source: PLANSPONSOR
“the HUSTLE Act would allow college athletes to roll over up to $35,000 in unused NIL funds to an individual retirement account (IRA) or other retirement savings vehicle. Student athletes would need to be out of college sports for at least one year, and trustees would have to provide educational materials on investing, financial planning, and long-term financial security to participating athletes. As per the proposed legislation, the U.S. Department of Treasury would be required to issue regulations on proper reporting, contribution tracking, and defined qualified expenses.” MORE >>
Source: 401(k) Specialist
“Vanguard found that about 6% of eligible participants took at least one hardship withdrawal in 2025, up from 5% the year before. Nearly half of Vanguard plan participants said they had less than $2,000 in emergency savings, highlighting how little financial cushion many workers have apart from their retirement accounts. Lower-income participants, earning less than $100,000 annually, were roughly three-and-a-half times more likely to take hardship withdrawals, with most citing medical expenses or preventing eviction or foreclosure as their reasons for needing a loan.” MORE >>
Source: PLANSPONSOR
“The Delaware General Assembly passed a measure to establish automatic enrollment into the state's 457(b) deferred compensation plan for newly hired state employees. ... new state hires defaulted into the Delaware Defer, its retirement program, will start at an initial contribution rate of 3% of compensation. Delaware's Plans Management Board, which oversees the plan, maintains discretion to increase the automatic default contribution rate by either 1% or 2% of compensation annually, with a cap of 15% of compensation.” MORE >>
Source: PLANADVISER
“Hueler Investment Services Inc. announced Wednesday that the Prudential Insurance Co. of America is a direct plan sponsor client that has adopted Hueler’s Income Solutions platform as an option in its defined contribution 401(k) savings plan.” MORE >>
Source: Employee Benefit News
“Once upon a time, 401(k) eligibility was easy. Age 21. One year of service. Quarterly entry dates. Everyone understood the assignment....By: Ary Rosenbaum - The Rosenbaum Law Firm P.” MORE >>
Source: JD Supra
Litigation
3 items“A number of leading retirement industry groups[i] — including the American Retirement Association — is asking the nation’s highest court to affirm a decision in favor of plan fiduciaries by both the district and appellate courts.” MORE >>
Source: American Retirement Association
“On June 18, 2026, the U.S. Department of Labor (DOL) published Technical Release 2026-02, confirming that Trump Accounts generally will not constitute “employee pension benefit plans” and not be subject to Title I of the Employee Retirement Income Security Act (ERISA).” MORE >>
Source: mondaq.com
“A number of leading retirement industry groups[i] — including the American Retirement Association — is asking the nation’s highest court to affirm a decision in favor of plan fiduciaries by both the district and appellate courts.” MORE >>
Source: American Retirement Association
General Benefits
5 items“The Eleventh Circuit rejected the defendants' position, holding that ERISA's requirement that a JSA be the "actuarial equivalent" of an SLA requires the use of assumptions a reasonable actuary would employ. ... plans must use reasonable mortality and interest rate assumptions at the time benefits are calculated, while still retaining flexibility within a range of reasonable choices. Applying that framework, the court held that the plaintiffs' allegations regarding outdated mortality tables and resulting reductions in annuity value were sufficient to state a claim under ERISA § 1055.” MORE >>
Source: Miller & Chevalier
“Bloomberg Law recently published “DOL Retirement Exemption Changes Signal Innovation, Risks Ahead,” examining the Department of Labor’s plans to simplify the prohibited transaction exemption process and what those changes could mean for retirement plan asset managers and fiduciaries.” MORE >>
Source: Groom Law Group
“participation in workplace-based financial education is correlated with "critical markers of financial capability," including with individuals achieving high literacy assessment scores, spending less money than earned, being satisfied with their finances and expressing confidence in the ability to achieve a financial goal. ... program participants were slightly more likely than nonparticipants to report spending less than they earned (45% vs. 38%), being more satisfied with their current personal finances (55% versus 36%), and being more likely to feel confident they could achieve a financial goal (87% vs. 73%).” MORE >>
Source: PLANADVISER
“In this op-ed, Basic Capital’s Casey Jacobson says when a participant wants an advisor to manage their 401(k), a recordkeeper’s interest should be in making that connection work Nearly every wealthy household in America has access to a financial advisor.” MORE >>
Source: PLANSPONSOR
“May market return of 2.1% increases funded status for largest U.S. public pension plans by $103 billion The estimated funded status of the 100 largest U.S. public pension plans increased from 87.” MORE >>
Source: Littler