Treasury and the IRS proposed the framework for employer Trump account contribution programs: a separate written plan, eligibility classes tested under DCAP-style nondiscrimination rules including a 90% sliding-scale safe harbor, written employee notification, and W-2 reporting, with employees able to exclude up to $2,500 per year of employer contributions. The proposal also updates the section 129 DCAP nondiscrimination rules themselves, reflecting the OBBBA's increase of the dependent care exclusion to $7,500. Employers may rely on the proposed rules now; comments are due September 25 and a public hearing is set for October 15.
Tuesday, August 11, 2026
№ 28Regulatory & Guidance (1)·Retirement Plans (9)·Health & Welfare (4)·Case Commentary (3)·Leave & Time Off (2)
The One Thing
Treasury and the IRS have published the operating manual for employer Trump account contribution programs: a proposed rule letting employers put up to $2,500 per year into employees' accounts tax free, provided the program lives in a separate written plan, passes DCAP-style nondiscrimination testing, and notifies every eligible employee. The same proposal rewrites the section 129 dependent care nondiscrimination rules to match, reflecting the OBBBA's increase of the DCAP exclusion to $7,500. Employers may rely on the proposed rules immediately, comments are due September 25, and a public hearing is set for October 15.
Regulatory & Guidance (1)
Retirement Plans (9)
The proposal aims to eliminate confusion for employers and provide a fully operating framework for those offering the federal savings plan.
The long-standing saver's tax credit, a nonrefundable credit for low- to middle-income taxpayers, is being replaced beginning next year with a government matching contribution of up to $1,000 annually paid directly into a plan or IRA. Groom walks through what Notice 2026-48 signals about the coming regulations.
The Department of Labor has issued guidance stating that most employer contributions to the newly created children's Trump Accounts, or 530A accounts, will not trigger application of ERISA. Read alongside today's proposed contribution-program regulations, the pieces of the employer framework are coming together.
Nearly 99% of parents already use the Social Security Administration's Enumeration at Birth program, according to a co-sponsor of the bill, which would establish the new investment accounts through the existing registration system.
Direct government matching contributions to eligible taxpayers' retirement plans are expected to begin in 2028, based on contributions made for the 2027 tax year.
Treasury and the IRS announced that they will propose regulations on the Saver's Match and begin implementing an Executive Order to create a federal IRA savings program for private-sector workers without coverage.
Employers that provide an emergency savings solution for their employees saw improved contribution rates in their retirement plans, according to a report published by Vanguard.
Continuing his close read of the DOL's proposed regulation on selecting investments for participant-directed plans, Reish examines the complexity factor among the six the proposal defines for evaluating any investment, alternative assets included, in 401(k) and private-sector 403(b) lineups.
Corporate pension funded percentage leaps ahead in July, per Milliman's monthly tracking of the 100 largest U.S. corporate defined benefit plans.
Health & Welfare (4)
Groom reviews CMS's newly announced updates to federal IDR operations and the dispute portal under this year's final rule, a companion read to the implementation timeline guide the Departments released last week.
CMS staffers intend to use the data they collect to implement new federal rules for pharmacy benefit managers serving self-insured employer health plans, an early signal for plan sponsors watching the PBM regulatory front.
Troutman's take on the DOL's proposed electronic-disclosure rules for group health plans, joining the Spencer Fane and Kilpatrick analyses readers saw Friday: a notice-and-access safe harbor that would make electronic delivery of required notices substantially easier.
Rising use of the weight-loss drugs is fueling the fastest health plan cost growth in a decade and a half, forcing employers to rethink coverage strategies and cost management.
Case Commentary (3)
On July 22, 2026, the District of Minnesota dismissed a putative class action challenging Target's tobacco surcharge under its employer-sponsored health plan. McGuireWoods reads the decision as a roadmap for the 75-plus pending surcharge suits, a docket readers met in yesterday's Boutwell Fay litigation update.
This month's Friday Five highlights recent court decisions interpreting the ERISA long-term disability any-occupation standard, with practical takeaways for claim administrators and litigators.
After the District of Maryland stayed certain provisions in City of Columbus v. Kennedy, CMS issued a statement acknowledging that provisions scheduled to take effect July 20 or ahead of plan year 2027 will not go into effect as finalized. Groom explains what issuers, and the group plans they serve, should watch next.
Leave & Time Off (2)
The recent spate of wildfire-induced air pollution provided a view of the direct effect extreme weather events may have on leave management.
Starting January 1, 2027, Illinois employers with at least 26 employees must provide employees with paid leave for jury service.