The Daily Brief for Benefits Professionals
BenefitsWire
Retirement Plans
June 19, 2026
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18 items · ~4 min read
In this issue
Expert Analysis (10) · Regulatory Action and Guidance (2) · ERISA Litigation (5) · Press Releases (1)
Expert Analysis
10 items“Quick Hits On June 3, 2026, Judge Grant Dorfman for the Texas Business Court Eleventh Division issued a minute entry in Tate Group Automotive, LLC v.” MORE >>
Source: Ogletree Deakins
“The SECURE 2.0 Act of 2022 authorized custodial 403(b) plans to invest in CITs under the tax code, but left securities law restrictions unresolved. ... Getting legislative attention on this matter before November's midterm elections could prove difficult, however, as primary season is well underway, and there are only 30 to 35 legislative days remaining in the Senate before the elections, according to the Senate's tentative 2026 legislative schedule.” MORE >>
Source: PLANSPONSOR
“While many private-sector workers participating in 401(k) plans can access CITs, investment vehicles that often offer lower fees and greater flexibility, many 403(b) participants remain restricted from utilizing the same retirement-saving tools.” MORE >>
Source: 401(k) Specialist
“Bob is actively involved in the operations of the St. Vincent de Paul Charitable Pharmacy. Having been instrumental in the pharmacy's creation, he has served on the Board of Directors from day one.” MORE >>
Source: Bricker Graydon
“The June 10 draft proposes amending the Accounting Standards Codification to require that firms value the cost of benefits offered as market-based cash balance plans—which are legally classified as defined benefit plans—by setting the discount rate equal to the assumed interest crediting rate. ... As a result, some reported benefit obligations have differed from the sum of participant balances—and at times exceeded those balances. "This change removes [those] esoteric, illogical results," says William Strange, a principal in and consulting actuary at Milliman.” MORE >>
Source: PLANADVISER
“The US Department of Labor’s Employee Benefits Security Administration (EBSA) has issued a technical release providing targeted guidance on when proxy advisory firms could be viewed as acting as Employee Retirement Income Security Act of 1974 (ERISA) fiduciaries and how ERISA preemption is viewed by the Department in relation to certain state disclosure laws that pertain to proxy voting.” MORE >>
Source: morganlewis.com
“The Office of Planning, Research, and Evaluation (OPRE) and the Family and Youth Services Bureau (FYSB) in the Administration for Children and Families (ACF) request approval for a revision to a currently approved information collection activity as part of the Personal Responsibility Education Program (PREP) Performance project (Office of Management and Budget (OMB) #: 0970-0497; expiration date July 31, 2026).” MORE >>
Source: Federal Register
“External Publication Stephanie Mills-Gallan, Sebastian Chilco and Jill Lowell discuss Chicago’s revised Paid Leave and Paid Sick and Safe Leave Ordinance, which provides clarifications regarding employer liability and employee use of leave.” MORE >>
Source: Littler
“Download PDF The decision to open a cryptocurrency account carries legal, financial, and operational implications that extend well beyond the initial deposit.” MORE >>
Source: Pierson Ferdinand
“In the Legal 500 – US Nationwide 2026 Guide, Groom is again recognized for its national leadership in benefits, executive compensation, retirement, healthcare, and ERISA litigation.” MORE >>
Source: Groom Law Group
Regulatory Action and Guidance
2 items“The proposed ERISA prudence safe harbor applies only to the selection of DIAs, not to brokerage windows, settlor plan design features, or ongoing monitoring obligations.” MORE >>
Source: troutman.com
“Articles + Publications June 17, 2026 Thomas M. Rose Nicole A. Edmonds Shona Smith Alexander T. Yarbrough Taylor M. Williams Jason L. Langford It is time to assess “foreign private issuer” status.” MORE >>
Source: Troutman Pepper Locke
ERISA Litigation
5 items“Client Alert | June 12, 2026 This update summarizes the Court’s reasoning, explains the decision’s practical significance, and identifies key considerations for employers, fiduciaries, and other parties evaluating potential withdrawal liability exposure.” MORE >>
Source: gibsondunn.com
“Articles + Publications June 4, 2026 Paul L. Porretta W. Allen A. Woolley Josh C. Trawick “Prediction is easy — being right is hard.” The Supreme Court’s May 21, 2026, decision in the multiemployer withdrawal liability space affirmed this principle.” MORE >>
Source: troutman.com
“Plaintiff Justman, individually and as executor of the estate of his late wife, sued his wife’s employer, Accenture LLP, for the denial of accidental life insurance and AD&D benefits under an ERISA-governed plan. The decedent died of septic shock caused by vibrio vulnificus bacterium after eating raw oysters. Prudential Insurance Company of America, the Claims Administrator, denied the claim on the ground that the decedent died of a medical illness or sickness rather than as the direct result of an accident. ” MORE >>
Source: Roberts Disability Law
“Unlike insurer general account annuities, diversified synthetic stable value structures generally separate the fixed income portfolio from the wrap provider's balance sheet. If one wrap provider weakens or fails, plans can often replace the wrap provider while maintaining participant ownership of the underlying assets. In contrast, insurer general account annuities typically trap participants inside the insurer's balance sheet itself.” MORE >>
Source: The Commonsense 401(k) Project
“He alleged the bank was "improperly calculating" Balboa's earnings so the bank wouldn't have to pay performance-based cash bonuses under a long-term cash incentive plan, according to his initial complaint. He repeatedly complained about this to the bank, and was fired in June 2024 as a result, he said.” MORE >>
Source: HR Dive
Press Releases
1 item“Forgot Your Password? If you do not yet have an ERIC Online profile or user name and password, please create one using Create Profile Form. If you need assistance with your user name/password or profile, please contact ERIC at (202) 789-1400.” MORE >>
Source: ERIC
Also of Note
- DOL Proposes ERISA Safe Harbor for Selection of 401(k) Investment Options — “The U.S.” (pillsburylaw.com)
- Plaintiffs Suing Nationwide Could Lose Class Certification — “The motion is one of the first tests of the 4th Circuit's ruling in Trauernicht v. Genworth Financial Inc.” (PLANADVISER)
- Nationwide Seeks Class Certification Removal as 401(k) Fee Trial Looms — “The motion is one of the first tests of the 4th Circuit's ruling in Trauernicht v. Genworth Financial Inc.” (PLANSPONSOR)
- Which Optional Distributions Can Rely on Participant Self Certification? — “For certain optional distribution provisions such as emergency personal expense distributions, domestic abuse victim distributions, hardship distributions, unforeseeable emergency distributions, and disaster distributions, participants can generally provide written certification that they satisfy certain conditions for the distribution.” (PLANSPONSOR)
- 2027 Budget Cuts for DOL, EBSA Approved by House Committee — “The House Committee on Appropriations approved legislation funding the Departments of Labor, Education, and Health and Human Services for fiscal 2027, advancing the measure by a 34 to 28 vote.” (PLANADVISER)
- The Private Equity Business Model Depends on Secrecy, Fake Benchmarks, and Fiduciary Illusions — “The private equity industry does not merely prefer secrecy.It requires secrecy.” (The Commonsense 401(k) Project)
- Crypto in 401(k)s: PwC Accidentally Says the Quiet Part Out Loud Again — “The crypto industry keeps insisting that regulation will somehow make crypto “safe” for retirement plans.” (The Commonsense 401(k) Project)
- Aspen Institute Brief Calls for Policy, Technology Overhaul to Close Retirement Advice Gap — “A key conclusion from the discussion was that closing the advice gap will require more than a single product or policy change.” (401(k) Specialist)
- Executive Compensation and Benefits in M&A Transactions: Foundational Frameworks — “2:00 PM ET Virtual Joshua S.” (Troutman Pepper Locke)
- FuturePlan, Voya Launch PATH PEP to Expand Pooled Plan Options for Employers — “FuturePlan by Ascensus today announced the launch of the PATH Pooled Employer Plan in collaboration with Voya Financial.” (401(k) Specialist)
- Recommendations on Scale-Up and Postapproval Changes Guidances for Industry; Request for Comments; Reopening of the Comment Period — “The Food and Drug Administration (FDA or the Agency) is reopening the comment period for the request for information and comments that appeared in the Federal Register of March 3, 2026.” (Federal Register)
- Rx Tariff Just Around the Corner — “Press Coverage June 17, 2026 Ryan Last Ryan Last, an associate in Troutman Pepper Locke’s White Collar Litigation + Investigations Practice Group, was quoted in the June 17, 2026, BioWorld article, “Rx Tariff Just Around the Corner.” (Troutman Pepper Locke)