BENEFITS DIGEST

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A publication of The Inner Firm

Monday, August 17, 2026

№ 32

18 items · ~4 min read

Court Decisions (1)·Retirement Plans (4)·Health & Welfare (2)·Case Commentary (8)·Leave & Time Off (1)·Executive Compensation (1)·Also Noteworthy (1)

The One Thing

Less is not more in a summary plan description. A new decision flagged by Cohen and Buckmann penalized a plan for what its SPD left out, and the lesson lands amid a docket where fiduciary exposure keeps finding new doors: target-date fund selection suits reaching wealth managers, disability claims turning on when a clock started, and Kelly v. Altria expanding what documents participants can demand. Treat the SPD as a fiduciary instrument, not boilerplate: if a term matters to a benefit, it belongs in the summary.

Court Decisions (1)

Lynnette Kaiser v. Alcoa USA Corp.
Court of Appeals for the Seventh Circuit 2026-08-14

More than 3,000 pre-1993 Alcoa retirees sued when the company terminated their lifetime retiree healthcare benefits in 2021. On Friday the Seventh Circuit affirmed class certification, holding that the collective bargaining agreements' silence on benefit duration lets the retirees prove vesting through common evidence, but reversed the summary judgment they had won below, rejecting the district court's judicial-estoppel theory and returning the vesting question to the merits. (Blurb corrected 8/17: an earlier version mischaracterized the dispute as a pension-calculation challenge.)

Retirement Plans (4)

Multiemployer Pension Funding Study: Midyear 2026
Milliman 2026-08-15

Multiemployer plans' aggregate funded position reached 106 percent at midyear, a recent-history high. Healthier funds change the withdrawal-liability settlement calculus on both sides of the table.

Why Fee Benchmarking Is About Process, Not Price
The Rosenbaum Law Firm · via JD Supra 2026-08-14

Rosenbaum pushes back on the idea that benchmarking means hunting the lowest-cost provider: the fiduciary obligation is a documented process weighing services against fees, and the cheapest option can be the wrong answer.

Health & Welfare (2)

What to Know About GLP-1 Demand, Expense and Alternatives
Employee Benefit News 2026-08-14

A practical roundup of the coverage decision every health plan is facing: GLP-1 demand keeps climbing, the costs are reshaping budgets, and experts weigh the alternatives benefit leaders are actually considering.

Most Employers Say Rising Healthcare Costs Force Salary Tradeoffs
HR Dive 2026-08-13

Employers name high drug prices, high-cost claims, and hospital prices as their biggest affordability threats, and most say healthcare inflation is now eating directly into salary budgets. The compensation-side echo of the 10 percent trend number IFEBP put up last week.

Case Commentary (8)

En Banc Fifth Circuit Rejects Key QPA Rules in TMA III
Polsinelli · via JD Supra 2026-08-15

Polsinelli confirms the en banc Fifth Circuit's August 11 ruling struck the ghost-rate, out-of-specialty, and bonus-exclusion provisions of the QPA methodology, and maps what the recalculation means for payors and plans.

Two Courts Dismiss ERISA Challenges to Health Plan Tobacco Surcharges
Holland & Knight 2026-07-22

Holland & Knight on a pair of same-day district court dismissals of tobacco-surcharge class actions, against Target in Minnesota and Campbell Soup in New Jersey. The Digest covered the Target ruling August 11; per H&K's account, the companion decisions share a notable post-Loper Bright thread, reasoning that DOL wellness-notice requirements beyond the statutory text are unenforceable.

Market Timing Participant Comes Up Short in 401(k) Suit
NAPA Net (American Retirement Association) 2026-08-14

ARA's plain-language walk-through of Kelly v. Altria: a participant who wanted to liquidate his 401(k) to catch a market uptick, sued when the transfers moved too slowly, and mostly lost on appeal. The practical moral for recordkeepers and plan committees.

Fourth Circuit Expands Statutory Penalty Scope
Your ERISA Watch (Kantor & Kantor) 2026-08-12

Kantor & Kantor's litigation desk reads Kelly v. Altria from the participant side: the Fourth Circuit's holding that a recordkeeping services agreement is a plan document expands what administrators must produce on request, and what statutory penalties attach when they don't.

Creative Planning, Transamerica Face Suit Over Plan Selections
WealthManagement 2026-08-14

A new complaint alleges fiduciaries selected underperforming target-date funds, and industry observers read it as a warning shot at wealth firms converging on the retirement plan arena. Fiduciary litigation following the money into the advisory consolidation wave.

Leave & Time Off (1)

Executive Compensation (1)

Also Noteworthy (1)