BENEFITS DIGEST

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A publication of The Inner Firm

Friday, August 14, 2026

№ 31

27 items · ~4 min read

Regulatory & Guidance (1)·Court Decisions (2)·Retirement Plans (16)·Health & Welfare (2)·Case Commentary (2)·Leave & Time Off (2)·Executive Compensation (1)·Also Noteworthy (1)

The Two Things

The First Thing: The Fifth Circuit this week struck down core pieces of the No Surprises Act's payment methodology in the latest Texas Medical Association decision, holding that the rules let insurers calculate artificially low qualifying payment amounts. Out: so-called ghost rates for services a provider rarely performs, out-of-specialty rates, and the exclusion of bonus and incentive compensation from the calculation. For group health plans, especially self-insured plans relying on TPA-calculated QPAs, the practical consequence is recalculated and generally higher QPAs, with ripple effects through every out-of-network payment dispute. Ask your TPA two questions: how it calculates QPAs today, and when it will have recalculated ones.

The Second Thing: The Ninth Circuit affirmed an arbitrator's finding that a multiemployer pension actuary violated ERISA by using PBGC-published interest rates to calculate withdrawal liability rather than the actuary's own best estimate of anticipated experience. The fund's 7 percent funding assumption applied instead, which means a smaller bill for the withdrawing employer. Contributing employers facing a withdrawal liability assessment should read this one before paying: the assumptions behind the number are challengeable, and the challenges are winning.

Regulatory & Guidance (1)

CMS Statement on Texas Medical Association v. HHS (TMA III)
CMS · No Surprises Act Notices 2026-08-13

The Departments' first official acknowledgment of this week's Fifth Circuit decision in the long-running Texas Medical Association litigation over the No Surprises Act's qualifying payment amount methodology, posted to CMS's No Surprises Act notices page. The statement is brief; the ruling it responds to is not. See The First Thing above.

Court Decisions (2)

City of Tacoma v. Western Metal Industry Pension Fund
Court of Appeals for the Ninth Circuit 2026-08-10

In an unpublished memorandum, the Ninth Circuit affirmed an arbitration award holding that a multiemployer plan actuary's use of PBGC-published interest rate assumptions to calculate withdrawal liability violated ERISA's requirement that assumptions represent the actuary's best estimate of anticipated experience. The plan's 7 percent minimum funding rate applied instead. See The Second Thing above.

Healthcare Ally Management of California, LLC v. WSP USA, Inc.
Court of Appeals for the Ninth Circuit · A surgery center alleged a plan administrator misrepresented reimbursement rates in a pre-service verification call. The Ninth Circuit held the negligent misrepresentation claim is not preempted by ERISA, but the promissory estoppel claim is 2026-08-11

another data point on where provider state-law claims survive plan-administration preemption.

Retirement Plans (16)

Treasury, IRS Suggest Rules for Quicker Electronic Rollovers
PLANADVISER 2026-08-13

PLANADVISER's take on Wednesday's rollover guidance, which led yesterday's Digest: electronic transfers and standardized forms for moving retirement savings between plans would be encouraged under the proposed procedures.

2027 IRS Limits Forecast – July
Milliman · Milliman's latest projections for the 2027 qualified-plan limits, updated with June 30 CPI data 2026-08-13

the mid-year checkpoint for sponsors budgeting next year's contribution and compensation limits.

How Can Small Businesses Close the Coverage Gap?
PLANSPONSOR 2026-08-13

PLANSPONSOR digs into the Boston College CRR small-business study the Digest featured Wednesday: the barriers to plan adoption reflect misperceptions and information gaps rather than insurmountable economics.

'Zero-Fee' IRAs Contain Many Hidden Costs
PLANADVISER · PensionBee's analysis finds so-called zero-fee IRAs can cost participants meaningful basis points through spreads, cash sweeps, and fund-level charges 2026-08-12

relevant context for rollover conversations.

The Recordkeeper Wants Your Participants. Should You Care?
The Rosenbaum Law Firm · via JD Supra · Rosenbaum on the recordkeeping industry's pivot from administrative fees to monetizing participant relationships · wealth management, IRA rollovers, managed accounts 2026-08-14

and why plan sponsors should treat cross-selling as a fiduciary-oversight item.

The Missing Piece of the Retirement Planning Pie
401(k) Specialist 2026-08-13

Technology, participant expectations, and advisor demand are pulling 401(k)s out of their traditional silos toward holistic planning that connects workplace accounts to broader wealth management.

Health & Welfare (2)

Expanded Electronic Delivery Proposed for Group Health Plans
Segal · Insights · Segal's consulting-side read on the DOL's proposed electronic disclosure safe harbor for group health plans 2026-08-13

which participant communications could move to e-delivery, and the notice-and-access mechanics sponsors would need to build.

Employers Project Another 10% Rise in Health Care Costs for 2027
IFEBP · Word on Benefits · U.S. employers project a median health care cost increase of 10 percent for 2027, per a new IFEBP pulse survey 2026-08-13

the second consecutive year of double-digit projected trend, and the number that will anchor this fall's renewal conversations.

Case Commentary (2)

Class Certification Not Automatic in 401(k) ERISA Litigation
Holland & Hart · via JD Supra 2026-08-13

Another voice joins the post-Genworth chorus the Digest has been tracking: Holland & Hart on why the era of stipulated or rubber-stamped class certification in 401(k) fiduciary litigation is ending, and how sponsors should adjust their defense posture.

$48 Million ERISA Settlement Serves as a Reminder of 401(k) Fiduciary Duties
Haynes Boone · via JD Supra · Haynes Boone unpacks the $48 million settlement of the excessive-fee litigation against ADP TotalSource and its retirement savings plan committee 2026-08-13

one of the largest 401(k) fee settlements on record, and a checklist of the oversight practices that were alleged to be missing.

Leave & Time Off (2)

San Francisco's Paid Parental Leave Ordinance Eligibility Shortened
Jackson Lewis · via JD Supra · San Francisco has finalized amendments to its Paid Parental Leave Ordinance: employees now qualify for employer-paid parental leave after 90 days of employment, down from 180 2026-08-14

a payroll and policy update for any employer with San Francisco headcount.

August Regulatory & Compliance Updates
CBIZ 2026-08-13

CBIZ's monthly compliance calendar: state vaccine-assessment filings due August 15 in New Hampshire and Maine, Washington PAL program payments due September 1, and Connecticut's health and welfare fee assessment due September 30.

Executive Compensation (1)

Also Noteworthy (1)

Benefits Catch-Up – Q2 2026
Eversheds Sutherland · via JD Supra · Eversheds Sutherland's quarterly roundup of second-quarter benefits developments 2026-08-14

a useful one-stop review for anyone catching up after a summer vacation.