BENEFITS DIGEST

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A publication of The Inner Firm

Friday, August 7, 2026

№ 26

17 items · ~4 min read

Court Decisions (1)·Retirement Plans (7)·Health & Welfare (3)·Case Commentary (4)·Regulatory & Guidance (1)·Also Noteworthy (1)

The One Thing

In a proposed rule issued July 20, the PBGC set out its first comprehensive rework of penalties for late notices and filings: daily amounts of $25 to $1,000 depending on severity, with waivers for reasonable cause, legal error, and self-correction. The quieter headline for plan sponsors is that the agency has ended the informal nonenforcement posture it held on reportable events and section 4010 filings from 2019 to 2024. Comment deadlines and compliance calendars both deserve a fresh look.

Court Decisions (1)

Teamsters Local 639-Employers Health Trust Fund v. Couplin
District Court, District of Columbia 2026-08-06

A health plan seeks to recover medical benefits it paid to a union member after he received a worker's compensation settlement for the same injury, and the court grants default judgment in the plan's favor.

Retirement Plans (7)

PBGC Issues Proposed Rule Regarding Penalties for Late Defined Benefit Plan Notices and Filings
Milliman 2026-08-03

On July 20, 2026, the PBGC proposed a framework modernizing how it calculates and enforces penalties for late required notices and filings, with daily penalty schedules ranging from $25 to $1,000 by violation severity and reductions or waivers for reasonable cause and self-correction. Plan sponsors should revisit compliance procedures for reportable events and section 4010 filings, as PBGC has ended its informal nonenforcement posture in these areas.

Defined Benefit Plan RMD Rules After SECURE 2.0: Should Plan Sponsors Keep an Earlier Required Start Date?
MillimanDeadline 2026-08-05

As the December 31, 2026 deadline approaches for adopting SECURE and SECURE 2.0 amendments, Milliman examines a key decision for defined benefit plan sponsors: whether to retain a required start date for benefit distributions that is earlier than the new later statutory required beginning date for RMDs, which has been raised to age 72, 73, and 75 depending on the participant's birth year.

Is There a Better Way to Match 401(k) Contributions?
NAPA Net Daily 2026-08-06

Vanguard studied several match formulas and found that pairing a non-elective contribution with a stretched match (25 to 50 cents per dollar over a longer deferral range) is the most cost-effective design, though richer match rates still drive higher employee saving, with respondents deferring 1.8 to 4.9 percentage points more under more generous formulas.

The Phantom “in Plan Annuity” in CIT Based DC Lifetime Income Programs
Business of Benefits (Bob Toth) 2026-08-06

The DOL’s proposed prudence safe harbor regulations have pretty much made it “table stakes” for some responsible person somewhere to read and understand any annuity contracts on behalf of the plan which are provided as part of any DC lifetime income program.

Using a Cash Balance Pension Plan to Mitigate Tax Exposure for High Earners
Milliman 2026-07-23

A Milliman case study on designing a cash balance pension plan for a law firm's partners, allowing deferral of significant taxable income until retirement with contribution flexibility by career stage. The design supported deferrals exceeding $250,000 annually per participant, with potential accumulations over $3.5 million by retirement.

Health & Welfare (3)

DOL Proposes New Electronic Disclosure Safe Harbor for Group Health Plans
Kilpatrick · via JD Supra 2026-08-04

The Department of Labor has issued a proposed rule to create a new, optional electronic disclosure safe harbor for ERISA group health plans. If finalized, this proposal would allow the provision of required disclosures electronically to a broader group through a notice-and-access framework.

Fertility Benefits: Market Landscape and Employer Considerations
Milliman 2026-07-15

Milliman examines how employers are positioning fertility coverage amid cost pressures and new market dynamics, covering utilization trends, treatment costs, benefit design approaches, and emerging access pathways through retail and digital health partnerships, against a backdrop of state mandates and drug-pricing initiatives.

Case Commentary (4)

Meaningful Benchmarks Bench TDF Suite Suit
NAPA Net Daily 2026-08-06

A suit alleging a breach of fiduciary duty in retaining an allegedly underperforming target-date fund series has been dismissed for lack of a meaningful benchmark comparison.

Appellate Court Clips Arbitration Clause in ERISA Suit
NAPA Net Daily 2026-08-05

Though the plan document appeared to require arbitration in pursuing recovery in a fiduciary breach suit, a federal appellate court has affirmed a district court decision rebuffing that requirement.

Regulatory & Guidance (1)

PLR 202631008
IRS 2026-07-31

Private letter ruling addressing the section 4980 transfer of surplus assets from a terminating defined benefit plan to a replacement defined contribution plan. A PLR binds only its recipient.

Also Noteworthy (1)