On August 11, 2026, the Treasury Department and Internal Revenue Service published proposed regulations that, for the first time, provide comprehensive regulatory guidance on how to perform nondiscrimination testing for dependent care assistance programs (DCAPs) under Section 129 of the Internal Revenue Code. While the proposed regulations were prompted by the need to implement the
Employer-sponsored group health plans are facing a growing wave of ERISA class action lawsuits, and the claims are getting bolder, including claims of “financial dominance”. In our previous post on this topic, we analyzed Barbich et al. v. Northwestern University et al., No. 1:25-cv-06849 (N.D. Ill.), which introduced a novel “financial dominance” theory
The Departments of Health and Human Services, Labor, and the Treasury, as well as the Office of Personnel Management (Departments) recently finalized the Independent Dispute Resolution (IDR) Operations rule under the No Surprises Act (NSA). Although many self-funded group health plan fiduciaries won’t have to deal directly with the operational changes to the federal IDR
On May 21, 2026, the Supreme Court handed down a unanimous opinion in M & K Employee Solutions v. Trustees of the IAM National Pension Fund, and if you’re an employer who’s ever thought about walking away from an underfunded multiemployer pension plan, you should be paying attention.
The question was deceptively simple: when
Few areas of retirement plan regulation have experienced as much turbulence – or generated as much practical uncertainty for plan sponsors, recordkeepers, and third-party administrators – as the Employee Retirement Income Security Act’s (“ERISA”) definition of an “investment advice fiduciary.” After more than a decade of competing regulatory proposals, litigation victories and defeats, and
As described in earlier Thompson Hine blog posts (here and here), Trump accounts provide a new private savings vehicle for eligible minor children. The Treasury Department and IRS recently released additional guidance related to these accounts within two coordinated notices of proposed rulemaking that address the critical threshold questions of (1) how Trump
February 2026
On November 26, 2025, the District of New Jersey issued its latest ruling in Lewandowski v. Johnson & Johnson, granting Johnson & Johnson’s motion to dismiss the fiduciary breach claims for lack of Article III standing.
As a refresher, a class action lawsuit was filed by Johnson & Johnson (“J&J”) employees, against