The IRS intends to issue opinion letters on August 31, 2026 for Cycle 4 defined contribution pre-approved plans updated for the 2023 Cumulative List. The announcement also sets the employer adoption deadline and the determination letter application window for adopting employers.
Thursday, August 6, 2026
№ 25Retirement Plans (2)·Health & Welfare (2)·Leave & Time Off (1)·Executive Compensation (1)·Case Commentary (2)·Regulatory & Guidance (1)·Also Noteworthy (1)
The One Thing
The IRS has issued Notice 2026-28, new guidance on the section 45S employer credit for paid family and medical leave, reflecting the credit's permanent expansion under the Working Families Tax Cuts Act. Employers offering paid leave now have updated rules on what qualifies for the credit, straight from the primary source. For sponsors who wrote the credit off as a temporary provision, this is the cue to take a fresh look.
Retirement Plans (2)
On June 15, 2026, the Pension Benefit Guaranty Corporation (“PBGC”) issued an opinion addressing whether an annuity buyout that reduces active headcount by 20% or more would trigger a reportable event.
Health & Welfare (2)
Quarles & Brady breaks down the DOL's proposed safe harbor letting group health plans deliver required disclosures electronically by default, the latest in the wave of firm commentary on the July 23 proposal.
CMS announced that on November 1, 2026 the federal IDR portal (becoming the IDR Gateway) will change how batched disputes are handled under the No Surprises Act IDR rules, a process note for self-funded plans and the TPAs managing their surprise-billing disputes.
Leave & Time Off (1)
The IRS provides guidance on new requirements for the employer credit for paid family and medical leave under section 45S, reflecting the permanent expansion of the credit under the Working Families Tax Cuts Act.
Executive Compensation (1)
Cooley's alert examines how the proposed electronic delivery rules would affect employer disclosure obligations for equity compensation plans.
Case Commentary (2)
In Stempel v. Unum Life Insurance Company of America, No. 24 C 6077, 2026 WL 2241244 (N.D. Ill. Aug. 4, 2026), the court dismissed an ERISA disability suit for failure to exhaust administrative remedies after the claimant could not establish that he actually mailed his appeal.
Kreps explains that the DOL is “doing more (amicus briefs), making them more public, and submitting briefs in more high-profile issue areas that are ripe with litigation.” He adds that the Department is using these filings to “crack down on what they believe is meritless ERISA litigation.”
Regulatory & Guidance (1)
Rev. Proc. 2026-30 updates the application procedures in Rev. Proc. 2026-4 to streamline requests for letter rulings.
Also Noteworthy (1)
An NCPERS survey suggests lower-stakes experimentation with artificial intelligence is happening more quickly than strategic integration.