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September 2, 2026Retirement

The Daily Brief for Benefits Professionals

BenefitsWire

Retirement Plans

September 2, 2026

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11 items · ~3 min read

Top of the Brief

Stable Value Funds: The Latest Wave of Class Action ERISA Litigation

"Since the beginning of 2025, over two dozen putative class action lawsuits have been filed against retirement plan sponsors and their fiduciaries challenging the stable value funds offered in their plans. The complaints follow a common template. A participant alleges that the plan’s stable value fund credited a lower rate of return than other products the fiduciaries could have selected, and asks the court to infer from that comparison that the fiduciary process in selecting and monitoring the fund was flawed."

In this issue

Regulatory Action and Guidance (2)  ·  Retirement Plans (3)  ·  Litigation (6)

Regulatory Action and Guidance

2 items
Treasury and IRS Propose New Anti-Abuse Rule for Single-Employer Defined Benefit Plans

“On August 20, 2026, the Department of the Treasury and the Internal Revenue Service published a Notice of Proposed Rulemaking (REG-107855-25, RIN 1545-BR50) that would significantly modify the minimum funding rules for single-employer defined benefit pension plans under Internal Revenue Code § 430....” MORE >>

Source: Falcon Rappaport & Berkman LLP

Don’t Call It a Comeback: PBGC Relaunches Opinion Letter Program

“The 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. ... In its first opinion letter since 2002, PBGC advised that an annuity purchase for actively employed participants in a frozen defined benefit plan is “not the type of event that the statute or regulation were designed to capture” and that such a transaction does not, by i” MORE >>

Source: Morgan Lewis (ML BeneBits)

Retirement Plans

3 items
Vanguard Finds Most DC Participants Invest in One Fund

“The recordkeeper found target-date funds and automatic enrollment are key factors in simplifying investment options.” MORE >>

Source: PLANSPONSOR

Developing Principal, Constitution Capital Dip into Private Market CITs

“Both firms introduced collective investment trusts designed to diversify exposure within professionally managed products and services.” MORE >>

Source: PLANSPONSOR

Deel Launches 401(k) Platform with Human Interest, Basic Capital

“Deel Retirement” embeds enrollment, contributions and reconciliation directly into the platform, aiming to eliminate the administrative friction of connecting payroll with retirement plan providers Global payroll and HR platform Deel today announced the creation of Deel Retirement, bringing retirement plan enrollment, contributions, and reconciliation directly inside the Deel platform. The first phase of the launch goes live in the US, in partnership with Human Interest and Basic Capital, with a UK rollout to follow in the coming months. The new offering is meant to save employers the manual admin of syncing payroll and retirement, and gives employees a place to enroll, invest, and track sav” MORE >>

Source: 401(k) Specialist

Litigation

6 items
ERIC Urges 2nd Circuit to Uphold Dismissal of Forfeiture Case Against WPP Group USA

“The ERISA Industry Committee argued that Congress and the Treasury Department have long permitted employers’ use of unvested funds to offset plan expenses.” MORE >>

Source: PLANSPONSOR

Developing AT&T Pension Risk Transfer Suit Is Pushed for Dismissal, for A Second Time

“The suit lacks sufficient evidence that AT&T was involved in the selection of Athene, according to a Massachusetts federal magistrate’s recommendation.” MORE >>

Source: PLANSPONSOR

Developing Magistrate Recommends Dismissal of Pension Risk Transfer Suit Against AT&T, Again

“A Massachusetts federal magistrate submitted a report and recommendation granting a motion to dismiss a pension risk transfer suit against AT&T Inc. on Monday. Magistrate Judge Paul G.” MORE >>

Source: PLANADVISER

ERIC Backs Dismissal of WPP Forfeiture Suit

“The ERISA Industry Committee filed on Monday an amicus brief with the U.S. 2nd Circuit Court of Appeals urging the court to affirm the dismissal of a suit accusing WPP Group USA Inc.” MORE >>

Source: PLANADVISER

Developing Ninth Circuit Throws a Flag on 401(k) Class Certification

“Another federal court of appeals recently vacated a class certification order in a breach of fiduciary duty case under the Employee Retirement Income Security Act (ERISA) involving a defined contribution retirement plan....” MORE >>

Source: Carlton Fields

Stable Value Funds: The Latest Wave of Class Action ERISA Litigation

"Since the beginning of 2025, over two dozen putative class action lawsuits have been filed against retirement plan sponsors and their fiduciaries challenging the stable value funds offered in their plans. The complaints follow a common template. A participant alleges that the plan’s stable value fund credited a lower rate of return than other products the fiduciaries could have selected, and asks the court to infer from that comparison that the fiduciary process in selecting and monitoring the fund was flawed." MORE >>

Source: Trucker Huss

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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