BENEFITS DIGEST

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A publication of The Inner Firm

Thursday, July 23, 2026

№ 15

18 items · ~4 min read

Retirement Plans (7)·Health & Welfare (4)·Executive Compensation (2)·Case Commentary (4)·Also Noteworthy (1)

The One Thing

EBSA's e-delivery proposal we flagged from the Federal Register's pre-publication desk yesterday is now officially published, and the comment clock is running. The proposed safe harbor would allow group health plan administrators to furnish required disclosures electronically, closing the gap that has kept them in the Land of Paper since retirement plans got their own safe harbor in 2020. Take some time to read through it. On a screen, naturally. Printing it out kind of misses the point.

Retirement Plans (7)

Wyden, Neal Renew Push to Crack Down on $10M-Plus Retirement Accounts
401(k) Specialist 2026-07-22

Legislation introduced today by leading congressional Democrats would require distributions from retirement accounts exceeding $10 million and prohibit additional contributions, targeting taxpayer-subsidized "mega" IRAs while leaving savings rules unchanged for most Americans.

Health & Welfare (4)

Electronic Disclosure by Group Health Plans Under ERISA
Proposed Rule · Labor Department 2026-07-23

This proposed rule sets forth a new, additional safe harbor for group health plan administrators to use electronic media (e.g., email or web portal) to furnish documents and information to participants and beneficiaries of plans subject to the Employee Retirement Income Security Act of 1974 (ERISA).

IRS Sets 2027 ACA Affordability Indexing in Rev. Proc. 2026-26
IRS (Internal Revenue Bulletin) 2026-07-23

Revenue Procedure 2026-26 provides the 2027 indexing adjustments for the ACA premium tax credit applicable percentage table and sets the required contribution percentage at 10.22 percent, up from 9.96 percent for 2026. That figure drives the employer affordability safe harbors, so sponsors should have it in hand before setting 2027 employee contributions.

Executive Compensation (2)

Case Commentary (4)

ERIC Urges 2nd Circuit to Uphold Dismissal of ERISA Tobacco Surcharge Challenge Against PepsiCo
PLANSPONSOR 2026-07-22

The ERISA Industry Committee filed an amicus brief asking the Second Circuit to affirm dismissal of a challenge to PepsiCo's tobacco-surcharge wellness program, arguing that the reasonable alternative standard applies to employees who use tobacco rather than guaranteeing every employee an annual chance to avoid the surcharge. The appeal is a key test in the wave of tobacco-surcharge class actions.

NCR Settles Lifetime Benefits Suit by Former Executives for $48 Million
Hall Benefits Law 2026-07-22

NCR Corp. has settled a class action lawsuit for almost $48 million. The five former executives and their spouses who filed the Employee Retirement Income Security Act (ERISA) suit claimed that the software company failed to provide them with lifetime annuity payments, contrary to its promises.

When a Prudent Process May Not Be Enough
NAPA Net 2026-07-21

ARA analysis of the JPMorgan prescription-drug fiduciary litigation, where a health plan excessive-cost suit survived dismissal in part on arguments drawn from a recent Supreme Court decision. The piece examines why a documented process may not end the inquiry when plaintiffs plead prohibited-transaction claims.

Also Noteworthy (1)