BENEFITS DIGEST

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A publication of The Inner Firm

Tuesday, August 4, 2026

№ 23

18 items · ~3 min read

Retirement 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)

New Bill Would Remove IRAs From DOL’s Regulatory Reach
NAPA Net Daily 2026-08-03

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.

DOL’s Alternative Assets Proposal and the Six Defined Factors: Complexity
Fred Reish 2026-08-03

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.

Monthly Roundup (July 2026)
Groom Law Group 2026-08-03

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.

Case of the Week: Top-Heavy Minimum Contributions
NAPA Net Daily 2026-07-30

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)

Technical Guidance: HHS-Administered Federal External Review Process Deadline Extension
CMS/CCIIODeadline 2026-07-31

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)

Another Forfeiture Suit Bites the Dust
NAPA Net Daily · A(nother) federal judge has granted a motion to dismiss in a(nother) forfeiture reallocation suit 2026-07-31

not because of arguments raised by the fiduciary defendants, but because the plaintiff's arguments were insufficient.

Also Noteworthy (1)