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August 19, 2026Retirement

The Daily Brief for Benefits Professionals

BenefitsWire

Retirement Plans

August 19, 2026

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12 items · ~3 min read

Top of the Brief

Determination of Target Normal Cost and Funding Target for Single-Employer Defined Benefit Plans

"This document contains proposed regulations that would modify rules in the existing regulations relating to the minimum funding requirement applicable to single-employer defined benefit pension plans. The modifications include changes to the rules relating to the determination of a plan’s target normal cost and funding target and would implement certain statutory amendments that have not yet been reflected in the regulations."

In this issue

Litigation (7)  ·  Regulatory Action and Guidance (1)  ·  Retirement Plans (2)  ·  General Benefits (2)

Litigation

7 items
Developing District Judge Finds ‘Meaningful’ Benchmark in 3M ERISA Case

“The judge rules that the amended complaint plausibly alleged target-date fund underperformance relative to Fidelity Freedom TDFs.” MORE >>

Source: PLANADVISER

When ERISA Attorneys’ Fees Survive a “Grossly Disproportionate” Challenge: Court Awards Full Fees on Partial Success in Covered Earnings Dispute

“In Rushing v. Life Insurance Company of North America, No. CV 24-10088-JFW(RAOx), 2026 WL 2353337 (C.D. Cal. Aug. 13, 2026), District Judge John F. Walter granted an ERISA claimant’s motion for attorneys’ fees and costs in full, rejecting the insurer’s demand for an across-the-board 90 percent reduction and awarding $227,348.40. The decision offers a detailed application of the Hummell factors and the lodestar method in a long-term disability benefits dispute that turned on the correct calculation of Covered Earnings.” MORE >>

Source: Roberts Disability Law

Eleventh Circuit: ERISA Plaintiffs Don’t Always Need a Meaningful Benchmark

“A meaningful benchmark — or lack thereof — has played a significant role in ERISA litigation of late. But a new appellate court decision offers a new perspective — in essence that you don’t need a meaningful benchmark for every ERISA prudence claim.” MORE >>

Source: American Retirement Association

The $20 Recordkeeping Fee That Isn’t $20 – Ford Exposes a Much Bigger 401(k) Revenue-Sharing Problem

“The new 401(k) lawsuit against Ford Motor Company contains a remarkably simple lesson: A low recordkeeping fee does not necessarily mean low recordkeeper compensation. According to the complaint in Fuller v. Ford Motor Co., Ford negotiated recordkeeping with Alight for approximately $20 per participant. That looks excellent. But plaintiffs allege Alight received millions of dollars of additional compensation through other relationships associated with the plans, including payments connected with Financial Engines’ managed-account services and rollover activity.” MORE >>

Source: The Commonsense 401(k) Project

Comparator TDFs Were Not Meaningful Benchmarks, Says Courts

“A suit alleging a fiduciary breach in the retention of an allegedly underperforming target-date fund series has been dismissed — for lack of a meaningful benchmark comparison.” MORE >>

Source: American Retirement Association

4th Circ. Altria Decision Spotlights Risks From ERISA Docs

“A recent Fourth Circuit decision in a retirement plan dispute between tobacco giant Altria and an ex-worker underscored how service provider contracts can introduce snags in litigation, with benefits attorneys warning that employers may want to review documents with the potential for disclosure in mind.” MORE >>

Source: Hall Benefits Law

2026 ERISA Court Cases for Plan Sponsors to Watch

“As the first half of 2026 has passed, plan sponsors should be aware of ongoing significant litigation concerning the Employee Retirement Income Security Act (ERISA). Multiple cases may substantially impact ERISA issues, including pleading standards for fiduciary breach claims, 401(k) plan forfeitures, internal procedures for ESOP disputes, and wellness program structures to comply with nondiscrimination provisions.” MORE >>

Source: Hall Benefits Law

Regulatory Action and Guidance

1 item
Determination of Target Normal Cost and Funding Target for Single-Employer Defined Benefit Plans

"This document contains proposed regulations that would modify rules in the existing regulations relating to the minimum funding requirement applicable to single-employer defined benefit pension plans. The modifications include changes to the rules relating to the determination of a plan’s target normal cost and funding target and would implement certain statutory amendments that have not yet been reflected in the regulations." MORE >>

Source: Federal Register

Retirement Plans

2 items
Interest Rates Drive Corporate Pension Funding High in July

“July was another positive month for corporate pension funding, but the story behind it differed from other months of positive performance this year.” MORE >>

Source: PLANSPONSOR

CITs, Retirement Income Features Gain Traction in $5.3T TDF Market

“On this day 20 years ago, Congress passed the Pension Protection Act of 2006, ushering in a new era for defined contribution plans.” MORE >>

Source: PLANADVISER

General Benefits

2 items
What a DOL Investigator Sees in the First 15 Minutes

“Many plan sponsors assume that a Department of Labor investigation begins with a deep dive into investments, participant complaints, or complex fiduciary issues. In reality, the first 15 minutes often tell an investigator a great deal about how a retirement plan is being managed.” MORE >>

Source: JD Supra

The Asset Class Hiding in Plain Sight

“For years, Emerging Markets (EM) local currency debt has been one of the most misunderstood segments of the fixed-income market. It can offer attractive yields, exposure to economies growing faster than many developed markets, and diversification benefits that can complement traditional fixed-income allocations. Despite these advantages, many investors have remained cautious, because they often don’t appreciate the full picture: EM local debt is often evaluated as a currency story when it should be evaluated as both a bond and currency story.” MORE >>

Source: NCPERS

Also of Note

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
BDK2, LLC, 2503D N Harrison St PMB 2091, Arlington, VA 22207-1640

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