A participant sued under ERISA after liquidation-request delays kept him from capturing expected stock gains in his 401(k) account. The Fourth Circuit upheld the denial of his benefits and fiduciary-breach claims but reversed on document production, holding the plan's administrative services agreement must be produced on request.
Wednesday, August 12, 2026
№ 29Court Decisions (1)·Retirement Plans (6)·Health & Welfare (1)·Case Commentary (4)·Leave & Time Off (1)
The One Thing
Class certification in ERISA litigation is no longer the rubber stamp it used to be. Encore Fiduciary surveys the landscape after the Fourth Circuit's Genworth decision, which held that fiduciary-breach claims seeking individualized monetary relief cannot be certified as mandatory classes, and finds courts increasingly demanding rigor before certifying broad participant classes. For plan sponsors and their fiduciary insurers, the certification fight is becoming a genuine line of defense rather than a formality. And the Fourth Circuit stayed busy: its new split decision in Kelly v. Altria leads today's Court Decisions.
Court Decisions (1)
Retirement Plans (6)
PLANSPONSOR's coverage of yesterday's proposed regulations: up to $2,500 in tax-free employer contributions, with nondiscrimination, reporting, and salary-reduction requirements for workplace programs.
Experts from Groom Law Group and CAPTRUST answer a practical question on the timing of 403(b) restatements and SECURE 2.0 amendments.
Global retirement experts suggest investment options, advice, and artificial intelligence can all help with drawing down defined contribution savings, with lessons from decumulation designs abroad.
Financial literacy in America has fallen to its lowest level in a decade, with Americans answering less than half of basic literacy questions correctly. Rosenbaum on why that is everyone's problem in the retirement plan business.
An evergreen walk-through of 401(k) vesting design for small employers: what the legal limits allow, and how much service you can require before employer contributions belong to the employee.
At any moment, only half of U.S. private-sector workers participate in an employer-sponsored retirement plan, mainly for lack of coverage. CRR's primer maps the small-business plan landscape where most of that gap lives.
Health & Welfare (1)
Recent FTC orders require Caremark Rx and Express Scripts to stop favoring high-list-price drug versions over their standard formularies. IFEBP looks at the settlement terms most relevant to plan sponsors and members.
Case Commentary (4)
Encore's fiduciary team surveys the fallout from the Fourth Circuit's Genworth decision calling out the rubber-stamping of broad ERISA classes, and argues the era of automatic certification is ending. The latest chapter in the class-certification story the Digest has followed since the decision came down.
Roberts Disability walks through both halves of Kelly v. Altria: the participant's benefits and fiduciary claims failed, but the administrative services agreement between a plan and its recordkeeper is a plan document ERISA requires administrators to produce on request.
A Third Circuit panel held that ERISA preemption reaches a provider's state-law defamation claims against a Cigna subsidiary, another data point on how far plan-administration preemption extends beyond benefit denials.
The Ninth Circuit affirmed First Unum's denial of long-term disability benefits, holding that prior payment of short-term disability benefits creates no presumption of continuing disability and rejecting the claimant's new-rationale challenge.
Leave & Time Off (1)
Groom unpacks Notice 2026-28, the first guidance on the now-permanent section 45S paid-leave credit since the OBBBA amendments, including how to calculate the credit when an employer funds PFML through insurance premiums rather than paying wages directly. The notice led the Digest on August 6; this is the first full firm analysis.