BENEFITS DIGEST

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A publication of The Inner Firm

Monday, August 3, 2026

№ 22

27 items · ~5 min read

Retirement Plans (10)·Health & Welfare (6)·Leave & Time Off (1)·Executive Compensation (2)·Case Commentary (5)·Also Noteworthy (3)

The One Thing

NCR’s $47.7 million top hat plan settlement carries a blunt lesson for sponsors of nonqualified deferred compensation: complying with Section 409A is not a defense to breaking the plan’s own terms. Groom’s analysis frames top hat plans as unilateral contracts that employees accept through performance. Once accepted, the written document governs, even where 409A’s termination rules would otherwise permit the sponsor’s move. A reminder to read the plan document before the tax code.

Retirement Plans (10)

Health & Welfare (6)

DOL Seeks to Bring Group Health Plan Communications Into the Digital Age
Miller Canfield · via JD Supra 2026-08-01

The U.S. Department of Labor (“DOL”) has proposed a new safe harbor option for group health plans to provide required disclosures electronically. Currently, many health plan notices are still delivered through paper mailings, which can be costly and administratively burdensome.

DOL Proposal Would Let Health Plans Deliver Documents Electronically by Default
Ogletree Deakins 2026-07-31

Employers would have a clearer path to delivering summary plan descriptions (SPDs) and other required health plan documents electronically to participants who have provided—or been assigned—an electronic address under a proposed “notice and access” regulation from the U.S. Department of Labor’s (DOL) Employee Benefits

Leave & Time Off (1)

New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time
Epstein Becker & Green · via JD Supra 2026-07-30

What employers should know about key developments this week: • Severance Agreement Overhaul: The No Severance Ultimatums Act, awaiting Governor Kathy Hochul’s signature, would remove the current age-based restriction, extend a 21-day review period plus a seven-day revocation period to all employees.

Executive Compensation (2)

Case Commentary (5)

District Judge Dismisses PRT Suit Against ATI
PLANADVISER 2026-07-29

Like several other pro-employer pension risk transfer rulings, the judge said the plaintiffs lack standing to sue as they continued to receive promised benefits.

Also Noteworthy (3)