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July 16, 2026Retirement

The Daily Brief for Benefits Professionals

BenefitsWire

Retirement Plans

July 16, 2026

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15 items · ~5 min read

Top of the Brief

Education or Advice? How Retirement Plan Sponsors Can Boost Retirement Literacy While Avoiding ERISA Fiduciary Liability

“According to the findings of the 2026 TIAA Institute-GFLEC Personal Finance Index (the Index), retirement knowledge among American adults is lower than ever. The Index discusses the results of the TIAA Institute’s 2026 survey of 3,602 U.S. adults on a range of financial topics, including six questions measuring “basic retirement fluency.” Those questions examined the correlation between the respondents’ retirement readiness and their knowledge of subjects such as Social Security benefits; Medicare coverage; employment-based retirement savings; the need for lifetime income; the likelihood of needing long-term care; and their own life expectancies. According to the Index, on average, responden”

In this issue

Regulatory Action and Guidance (3)  ·  Retirement Plans (3)  ·  Litigation (6)  ·  General Benefits (3)

Regulatory Action and Guidance

3 items
Agency Information Collection Activities; Comment Request on Notice of Qualified Equity Investment for New Markets Credit

The IRS is seeking public comments on an information collection request related to the Notice of Qualified Equity Investment for New Markets Credit, as required by the Paperwork Reduction Act. MORE >>

Source: IRS

New ERISA Exemption on the Block: DOL Clarifications on Trump Accounts - Employee Benefits & Compensation - United States

“On June 18, 2026, the U.S. Department of Labor (DOL) published Technical Release 2026-02, concluding that employer contribution arrangements associated with Trump Accounts are generally not subject to the Employee Retirement Income Security Act (ERISA).” MORE >>

Source: mondaq.com

Revenue Ruling 2026-13

“ Revenue Ruling 2026-13 provides various prescribed rates for federal income tax purposes including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, and the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by § 1274.” MORE >>

Source: IRS

Retirement Plans

3 items
Why ‘Auto Income’ is the Next Logical Default for Retirement Plans

“For years, defined contribution plans have followed a clear principle: make it easier for participants to do the right thing and set themselves up for a better retirement. Automatic features like enrollment, escalation, and rebalancing have helped reduce friction and promote positive retirement habits by simplifying participant decisions that might otherwise be delayed or avoided. Today, as retirement conversations shift from saving to spending, the next question is a natural one: if automation can help improve outcomes during accumulation, why shouldn’t it play a role during the retirement income phase as well?” MORE >>

Source: 401(k) Specialist

Congress Shouldn’t Expand Collective Investment Trusts Into 403(b)s Without Modernizing Investor Protections

“Congress is once again considering legislation that would allow 403(b) retirement plans to invest in Collective Investment Trusts (CITs). More than 30 financial industry organizations are urging the Senate to act, arguing that teachers, nonprofit employees and clergy deserve access to the same institutional investment vehicles already available in many 401(k) plans. There is merit to that argument. Many Collective Investment Trusts are excellent investment vehicles. Vanguard’s Retirement Savings Trust (RST) funds are an excellent example. Low-cost institutional index strategies offered through CITs can reduce expenses for participants.” MORE >>

Source: The Commonsense 401(k) Project

Selling Your Business: Is an ESOP the Right Exit Strategy?

“If you are considering selling your business, you may often believe that the only available option is selling to an unrelated third-party buyer, such as a competitor or a private equity fund.” MORE >>

Source: JD Supra

Litigation

6 items
Fifth Circuit Vacates and Remands ERISA Fiduciary-Breach Judgment for Failure to Make Necessary Causation Findings on Article III Standing

“In Guenther v. BP Retirement Accumulation Plan, No. 24-20551, 2026 WL 2031828 (5th Cir. July 14, 2026) (per curiam), the United States Court of Appeals for the Fifth Circuit vacated a judgment entered in favor of a class of current and former BP employees on their ERISA fiduciary-breach claims and remanded for the district court to evaluate Article III standing. Plaintiffs sued under ERISA § 502(a)(3), alleging that BP breached its fiduciary duties under ERISA § 404(a) when, in a series of 1989 communications, it represented that employees would receive benefits under a new Retirement Accumulation Plan (RAP) at least equal to those under the predecessor Retirement Plan (ARP).” MORE >>

Source: Roberts Disability Law

Staying the Course in Uncertain Times: NCPERS Public Pension Funding Forum

“In our most recent Public Retirement Systems Study, more than 70% of public pension leaders identified sustaining target funding levels as their top concern. That focus is not surprising. Funding discipline is the backbone of long-term stability, and in today’s environment — marked by investment volatility, emerging risks, and growing operational complexity — it’s never been more important to stay informed.” MORE >>

Source: NCPERS

Employer, Business Groups Back Northrop Grumman in 4th Circuit 401(k) Forfeiture Appeal

“Employer and business groups are urging the U.S. 4th Circuit Court of Appeals to uphold the dismissal of an ERISA lawsuit challenging Northrop Grumman Corp.’s use of 401(k) forfeitures, arguing that the Employee Retirement Income Security Act and other longstanding federal guidance has consistently permitted employers to use forfeited retirement plan assets to offset future employer contributions rather than pay plan expenses. The amicus brief, filed July 14 by the U.S. Chamber of Commerce, the American Benefits Council and the ERISA Industry Committee, adds to growing employer support in one of a wave of retirement plan forfeiture cases now before federal appeals courts. The appeal comes af” MORE >>

Source: PLANSPONSOR

No ‘Fooling’: Affair Leads to a Fiduciary Breach

“The suit alleged claims for breach of fiduciary duty, prohibited transactions, and co-fiduciary liability under the Employee Retirement Income Security Act of 1974 (ERISA). In responding to a motion to dismiss the suit, U.S. District Judge Sarah E. Geraghty first outlined the history of the case. She noted that prior to their divorce, the parties owned Accelerated Recovery Centers, LLC (ARC), a provider of alcohol addiction treatment services. Pursuant to ARC’s operating agreement, Mr. Kelly owned 80% of ARC’s membership units and Ms. Watkins owned the remaining 20%. Two plans were involved — the ARC 401(k) Plan and the ARC Cash Balance Plan.” MORE >>

Source: American Retirement Association

Developing DOL Backs Intel in 'Meaningful Benchmark' Supreme Court Case (Anderson v. Intel) — Amicus Brief Filed

“The Department of Labor backed Intel Corp. in its Supreme Court fight over the alleged underperformance of funds in the Intel 401(k) Savings Plan, according to a court filing. Department officials supported Intel’s argument that it would require an “apples to apples” comparison to show that the Intel funds failed to track the returns of a “meaningful benchmark.” MORE >>

Source: plansponsor.com

ERIC Files Amicus Brief Urging Fourth Circuit to Uphold Employers’ Use of 401(k) Forfeitures

“The brief urges the court to affirm a district court ruling that Northrop Grumman did not violate its fiduciary duties by using forfeited 401(k) contributions to provide contributions to other participants. When an employee leaves a job before their employer’s 401(k) contributions vest, the unvested portion is forfeited and stays in the plan. Federal law bars refunding it to the employer, but has long let employers choose, within the plan’s terms, whether to use it for administrative costs, benefits for returning employees, or future employer contributions.” MORE >>

Source: eric.org

General Benefits

3 items
Education or Advice? How Retirement Plan Sponsors Can Boost Retirement Literacy While Avoiding ERISA Fiduciary Liability

“According to the findings of the 2026 TIAA Institute-GFLEC Personal Finance Index (the Index), retirement knowledge among American adults is lower than ever. The Index discusses the results of the TIAA Institute’s 2026 survey of 3,602 U.S. adults on a range of financial topics, including six questions measuring “basic retirement fluency.” Those questions examined the correlation between the respondents’ retirement readiness and their knowledge of subjects such as Social Security benefits; Medicare coverage; employment-based retirement savings; the need for lifetime income; the likelihood of needing long-term care; and their own life expectancies. According to the Index, on average, responden” MORE >>

Source: Foley & Lardner

Severance as Deferred Compensation: What You Need to Know About Code Section 409A and Its Exemptions

“Section 409A of the Internal Revenue Code (Section 409A) imposes strict rules governing the timing of deferred compensation payments, such as when and under what circumstances such payments can be made. It comes with significant penalties, imposing a 20% tax (and other adverse tax consequences) on non-compliant deferred compensation. Is severance considered deferred compensation covered by Section 409A? The answer may be surprising. In general, deferred compensation for Section 409A purposes is defined as a legally binding right arising in one calendar year to receive compensation that may be paid in a future calendar year. Under that broad definition, an entitlement to severance under an em” MORE >>

Source: Foley & Lardner

Survey Finds Growing Demand for Employer Retirement Support

“Many participants, particularly younger generations, want — and expect — more guidance and support in navigating retirement planning decisions, according to findings from J.P. Morgan Asset Management’s newly released 2026 Defined Contribution (DC) Plan Participant Survey.” MORE >>

Source: American Retirement Association

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
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