On April 14, 2026, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2026-01 (“FAB 2026-01” or the “FAB”).
Tuesday, August 4, 2026
№ 23Retirement Plans (10)·Health & Welfare (3)·Case Commentary (4)·Also Noteworthy (1)
The One Thing
A win for plan sponsors in fee litigation: the Fourth Circuit has let stand its decision vacating certification of a mandatory class in Trauernicht v. Genworth, and Trucker Huss explains why it makes class certification harder for plaintiffs to obtain in 401(k) fiduciary-breach suits. Mandatory classes under Rule 23(b)(1) have been the standard vehicle in excessive-fee cases; sponsors defending those claims in the Fourth Circuit now have a stronger basis to resist class treatment altogether.
Retirement Plans (10)
WTW 2026 Defined Contribution Survey report finds employers are asking defined contribution plans to do more than they were originally designed for, prompting greater focus on retirement income, AI, governance, and measurable participant outcomes.
The key is understanding that termination isn’t a single event but a process that requires formal employer action and a complete plan wind-up.
Legislation has been introduced that would remove IRAs from the Labor Department's regulatory authority, leaving the Department’s prohibited transaction rules in place only for employer-sponsored retirement plans.
As part of a multi-bill markup, the Senate HELP Committee advanced legislation to make pension-linked emergency savings accounts (PLESAs) more attractive, along with boosting funding for the DOL’s Employee Ownership Initiative.
until now.
The DOL’s proposed regulation on selecting investments, including alternative assets, 2026-06178.pdf, identifies six factors that should be considered in the process of selecting any investments for participant-directed plans, such as 401(k) plans and private sector 403(b) plans.
Groom's July roundup collects the firm's month in publications and press, including the Cycle 4 Cumulative List for pre-approved defined benefit plans and Kreps on fiduciary partnerships in PLANADVISER.
The proposal, which will clarify how employers can contribute to Trump Accounts, should be published soon.
Responding to a call from an advisor in New York, the ERISA consultants at the Retirement Learning Center (RLC) address a common question on top-heavy requirements for 401(k) plans.
Health & Welfare (3)
Kevin Crain says the future of financial wellness depends on whose interests come first.
On July 23, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) published a proposed rule (the “Proposed Rule”) that would create a new, additional safe harbor for group health plan administrators to furnish participant and beneficiary disclosures electronically by default.
CMS reopened the HHS-administered federal external review process effective July 31 after a month of unavailability. Consumers whose deadline to request external review fell between July 1 and August 3 now have until October 2, 2026 to file. Relevant to plans that elected the HHS process (AL, FL, GA, WI, TX and territories) and self-insured non-federal governmental plans with live claim appeals.
Case Commentary (4)
The U.S. Court of Appeals for the Fourth Circuit recently declined to rehear its decision vacating certification of a mandatory class under Federal Rule of Civil Procedure 23(b)(1) in Trauernicht v. Genworth Financial Inc. The Court held that fiduciary-breach claims under the Employee Retirement Income Security Act of
An arm of the Human Rights Campaign launched a class-action lawsuit on Monday challenging the Trump administration’s gender-affirming care coverage ban in federal workers’ health insurance plans.
not because of arguments raised by the fiduciary defendants, but because the plaintiff's arguments were insufficient.
Another federal judge has dismissed a suit by plaintiffs backed by Schlichter Bogard LLC alleging that their pensions were put at risk via a transfer of those obligations to a PE-backed insurance company.
Also Noteworthy (1)
“As far as the nonqualified plan space goes, this is the premier event,” Barry Downey said of the upcoming NAPA Nonqualified Plan + Workplace Wealth Forum.