BENEFITS DIGEST

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A publication of The Inner Firm

Monday, July 20, 2026

№ 12

14 items · ~3 min read

Court Decisions (1)·Retirement Plans (5)·Health & Welfare (1)·Leave & Time Off (1)·Case Commentary (6)

The One Thing

ESOP transaction suits almost never get tried to judgment, which is what makes Rush v. GreatBanc worth a careful read: after a three-week bench trial, the Seventh Circuit affirmed that the trustee neither breached its fiduciary duties nor engaged in a prohibited transaction in the sale of an ESOP-owned company. The lesson cuts both ways for fiduciaries — a genuine, documented transaction process can win outright, but it took a full trial to prove it.

Court Decisions (1)

Bruce Rush v. GreatBanc Trust Company
Court of Appeals for the Seventh Circuit 2026-07-17

Employee shareholder challenges ESOP sale as undervalued, alleging trustees breached fiduciary duties; court affirms dismissal of all claims.

Retirement Plans (5)

The 2026 DB Plan Cumulative List Has Arrived
Groom Law Group, Chartered · via JD Supra 2026-07-17

The IRS has released Notice 2026-34, establishing the 2026 Cumulative List of Changes in Plan Qualification Requirements for Defined Benefit Pre-approved Plans (the “2026 Cumulative List”).

The Headache of Employees and 401(k) Plans
The Rosenbaum Law Firm P.C · via JD Supra 2026-07-17

I never hired an employee for my law firm because I was an employee once too. I joke that no employee ever said they were paid too much and no employer ever said they paid their employees too little.

Illinois Prevailing Wage Act Update: What Contractors Need to Know
Saul Ewing LLP · via JD SupraDeadline 2026-07-17

Effective July 1, 2026, government contractors in Illinois who perform prevailing wage work must afford apprentices fringe benefits. These fringe benefits include pensions, vacations, and training, among other things

Health & Welfare (1)

Tri-Agencies IDR Ops Final Rule Finally Released
Groom Law Group, Chartered · via JD Supra 2026-07-17

On 5/28/26, the Departments of Health and Human Services, Labor, and the Treasury released final rules modifying the Federal independent Dispute Resolution Operations

Leave & Time Off (1)

Case Commentary (6)

The Four-Tier Structure of the U.S. 401(k) Marketplace
The CommonSense 401(k) Project 2026-07-18

Most analyses of the 401(k) industry rank providers according to assets under management, number of plans, or participants. While useful, these rankings fail to explain why some providers consistently appear in ERISA excessive-fee litigation while others rarely do.