The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
October 1, 2026
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11 items · ~3 min read
Top of the Brief
New IRS-Treasury Plan Continues to List Overdue VEBA Guidance“Treasury and IRS have just released the 2026-2027 Priority Guidance Plan. The Plan lists 121 projects, but there are no surprises affecting employee benefits. Fortunately, the Plan continues to list “Regulations Under Section 4976 relating to welfare benefit funds, including VEBAs.” Hopefully this will be the year we get helpful guidance allowing surplus VEBA assets held for retiree medical benefits to be “repurposed” for active medical or other permissible benefits.”
In this issue
Regulatory Action and Guidance (5) · Litigation (2) · General Benefits (3) · Webinars (1)
Regulatory Action and Guidance
5 items“Sep 30, 2026 On September 8, 2026, the Employee Benefits Security Administration (EBSA) issued FIELD ASSISTANCE BULLETIN NO.” MORE >>
Source: Roberts Disability Law
“Proposed Rule Addresses DCAP Nondiscrimination Testing Proposed Rule Addresses DCAP Nondiscrimination Testing On September 8, 2026, the Department of Labor’s (“DOL’s”) Employee Benefits Security Administration (“EBSA”) published Field Assistance Bulletin 2026-03 (“FAB 2026-03”) and an accompanying web page (the “Enforcement Guidance Tool”), providing MHPAEA enforcement guidance.” MORE >>
Source: goldmarkbenefits.com
“Section 1115 Medicaid demonstration waivers offer states an avenue to test new approaches in Medicaid that differ from what is required by federal statute, if [in the HHS Secretary’s view] the approach is likely to “promote the objectives of the Medicaid program.” MORE >>
Source: KFF
“ASAP By Sebastian Chilco and Adam Fiss On September 28, 2026, California Governor Gavin Newsom signed two pieces of legislation that will update standards in the state’s disability insurance program that also includes paid family leave insurance benefits.” MORE >>
Source: Littler
“Treasury and IRS have just released the 2026-2027 Priority Guidance Plan. The Plan lists 121 projects, but there are no surprises affecting employee benefits. Fortunately, the Plan continues to list “Regulations Under Section 4976 relating to welfare benefit funds, including VEBAs.” Hopefully this will be the year we get helpful guidance allowing surplus VEBA assets held for retiree medical benefits to be “repurposed” for active medical or other permissible benefits.” MORE >>
Source: Groom Law Group
Litigation
2 items“66 Franklin Street, Suite 300 Oakland, CA 94607 In Vigil v. Taos Ski Valley, Inc., No. 1:25-cv-01323-KWR-JFR, 2026 WL 2883448 (D.N.M. Sept. 25, 2026), United States District Judge Kea W.” MORE >>
Source: goldmarkbenefits.com
“The case demonstrates how courts have had to parse the implications of the high court’s 2020 decision in Bostock v. Clayton County, Ga. A key contention between the parties in Kulwicki concerned Bostock’s holding, with the judge writing that while both agreed that the case controlled, “no one agrees what it means or requires.” Though the 2020 decision clarified some aspects of Title VII’s application in this area, some experts maintain that it is only a starting point for future disputes.” MORE >>
Source: HR Dive
General Benefits
3 items“Podcasts September 30, 2026 Employee Benefits and Executive Compensation: Preparing for 2027 Heather Heath Ryan Lynne Wakefield In this episode of Employee Benefits and Executive Compensation: Preparing for 2027, Troutman Pepper Locke attorneys Lynne Wakefield and Heather Heath Ryan explore the rapidly evolving health and welfare plan landscape and what plan sponsors and fiduciaries need to consider heading into 2027.” MORE >>
Source: Troutman Pepper Locke
“The part almost no one plans for is what comes next, when the employee on LTD is told to go apply for Social Security Disability Insurance. Most group LTD policies require it. The clause sits quietly in the contract, and once SSDI is awarded, the carrier offsets the LTD payment by that amount. The requirement is routine.” MORE >>
Source: Employee Benefit News
“Benefits communication too often focuses on what employers need to explain rather than what employees actually need to decide.” MORE >>
Source: Employee Benefit News
Webinars
1 item“This course will prepare employee benefits counsel to represent plan fiduciaries and sponsors facing Department of Labor (DOL) investigations or lawsuits. Presenters will discuss how to navigate the investigation process, offer practice pointers on working with Employee Benefits Security Administration (EBSA) investigators, discuss strategies for determining and implementing corrective action, and offer insights into entering into a settlement agreement with EBSA or with the DOL's Solicitor's Office if referred for litigation.” MORE >>
Source: Miller & Chevalier