The Daily Brief for Benefits Professionals
BenefitsWire
Retirement Plans
June 26, 2026
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8 items · ~2 min read
Top of the Brief
Judge Allows Core Claims in 401(k) Forfeiture Complaint vs. UnitedHealth to Proceed“A federal judge ruled that participants in UnitedHealth Group’s 401(k) plan may continue to pursue fiduciary breach claims alleging the company improperly used millions of dollars in forfeited retirement contributions to reduce its own funding obligations, rather than to offset plan expenses.”
In this issue
Expert Analysis (5) · Regulatory Action and Guidance (1) · ERISA Litigation (1) · Retirement Plan Administration (1)
Expert Analysis
5 items“One of the most interesting findings to emerge from 90 North Consulting’s review of the public comments to the Department of Labor’s recent proposed guidance was not a specific regulatory recommendation or a particular point of disagreement among commenters.” MORE >>
Source: 401(k) Specialist
“AI is transforming how investment advisers research markets, construct portfolios, interact with clients and run their businesses. Nevertheless, an adviser’s obligations under the Advisers Act remain — as yet — unchanged. In considering whether and how to integrate AI into their businesses, investment advisers must consider the substantive and compliance implications of AI under the Advisers Act.” MORE >>
Source: Troutman Pepper Locke
“Third-party administrators (“TPAs”), brokers, and benefits technology vendors are increasingly offering artificial intelligence (“AI”) tools that can generate Summary Plan Descriptions (“SPDs”), plan summaries, FAQs, and participant communications almost instantaneously....” MORE >>
Source: JD Supra
“The U.S. Department of Labor proposed a new rule that would establish a process-based safe harbor for fiduciaries selecting investment options for participant-directed defined contribution retirement plans, which, if met, would give rise to a presumption that the fiduciaries satisfied their duty of prudence under the Employee Retirement Income Security Act. The rule has the potential to significantly curb meritless class actions targeting 401(k) plans. ... Gibson Dunn partners Andrew Kilberg and Brian Richman and associates Aaron Hauptman and Robert Frey break down the more than 47,000 public comments submitted on the Department's proposed rule in a detailed white paper, examining who lined ” MORE >>
Source: Gibson Dunn
“While 71% of employees surveyed reported thinking at least somewhat about how they will withdraw money from their 401(k) account in retirement, only 22% said they have thought "a lot" about it, the firms' 2025 Participant Sentiment Survey found. Meanwhile, knowledge about the mechanics of making retirement savings withdrawals lagged: Employees correctly answered only about one-quarter of survey questions on the topic, with nearly half failing to correctly answer a single question about retirement plan withdrawals.” MORE >>
Source: PLANADVISER
Regulatory Action and Guidance
1 item“On June 17, 2026, the DOL issued Technical Release 2026-02, which confirms that “Trump Accounts” and Code Section 128 Trump Account contribution programs generally will not constitute “employee pension benefit plans” for purposes of ERISA....” MORE >>
Source: JD Supra
ERISA Litigation
1 item“A federal judge ruled that participants in UnitedHealth Group’s 401(k) plan may continue to pursue fiduciary breach claims alleging the company improperly used millions of dollars in forfeited retirement contributions to reduce its own funding obligations, rather than to offset plan expenses.” MORE >>
Source: PLANSPONSOR
Retirement Plan Administration
1 item[Press Releases]
IRI and ACLI Applaud CLEAR Forms Act“Two industry groups are backing a new bill that would revert mandating annuities and life insurance products to register as securities.” MORE >>
Source: 401(k) Specialist