BENEFITS DIGEST

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A publication of The Inner Firm

Wednesday, August 19, 2026

№ 34

23 items · ~5 min read

Regulatory & Guidance (1)·Retirement Plans (9)·Health & Welfare (2)·Case Commentary (6)·Leave & Time Off (2)·Executive Compensation (1)·Also Noteworthy (2)

Regulatory & Guidance (1)

Departments Publish Implementation Timeline for the Federal IDR Operations Final Rules
Centers for Medicare & Medicaid Services 2026-08-07

The Departments released a timeline guide fixing the applicability date for each piece of the June Federal IDR Operations final rules. Two dates matter most for group health plans: the revised batching rules reach disputes whose open negotiation period begins on or after November 1, 2026, and the new remittance advice coding requirements attach to items and services furnished on or after January 1, 2027.

Retirement Plans (9)

PBGC Backs FASB Proposal on Cash Balance Plan Discounting
Pension Benefit Guaranty Corporation 2026-08-10

PBGC filed a comment letter supporting FASB's proposal to discount qualifying market return cash balance obligations at the plan's assumed interest crediting rate. An accounting change rather than a compliance obligation, but one that would move reported pension obligations for hybrid plans.

What a DOL Investigator Sees in the First 15 Minutes
The Rosenbaum Law Firm · via JD Supra 2026-08-18

Rosenbaum argues the first fifteen minutes of a DOL investigation tell the examiner how a plan is really run, and walks through the housekeeping that signals a well-governed plan before anyone opens the investment lineup.

Proposed Rules for Employer Contributions to Trump Accounts
Segal 2026-08-18

Segal breaks down the proposed employer-contribution rules for Trump Accounts: the cafeteria-plan interaction, the nondiscrimination testing overlay, and what benefits committees should be scoping before the rules finalize.

How Outdated Data Can Run Afoul of ERISA
Employee Benefit News 2026-08-18

A pensions specialist on why stale actuarial assumptions and mortality tables are fiduciary exposure, after a recent ruling found outdated data can violate ERISA. Fiduciary responsibility extends past investment oversight and into plan math.

You Discovered a Roth Catch-Up Error for a High Earner. Now What?
Bricker Graydon 2026-08-17

With the mandatory Roth catch-up regime live for participants who earned over $150,000 in prior-year FICA wages, Lyndsey Barnett walks through the correction framework when a high earner's catch-up contributions land pre-tax by mistake. Timing matters: errors caught before W-2 filing are fixed by transferring the funds and correcting wage reporting, later discoveries require an in-plan Roth rollover with 2026 errors corrected by December 31, 2027, and no correction is generally required if the erroneous amount is $250 or less.

Health & Welfare (2)

Case Commentary (6)

4th Circ. Altria Decision Spotlights Risks From ERISA Docs
Hall Benefits Law 2026-08-18

Hall Benefits Law reads Kelly v. Altria for plan administrators: the Fourth Circuit's holding that a recordkeeping services agreement is a disclosable plan document raises the stakes on participant document requests, and on what your service agreements actually say.

Eleventh Circuit Reverses Summary Judgment for Royal Caribbean, Holding ERISA Plaintiffs Need Not Always Provide "Apples-to-Apples" Comparator Evidence to Prove Objective Imprudence
Roberts Disability Law 2026-08-18

Roberts breaks down Johnson v. Russell Investment Management, Tuesday's lead: the Eleventh Circuit held a plaintiff need not always offer an apples-to-apples comparator to prove objective imprudence, and qualitative evidence like negative analyst ratings and a fund's unpopularity can carry the point on its own.

TDF Underperformance Suit Clears Meaningful Benchmark
NAPA Net (American Retirement Association) 2026-08-18

ARA's take on the 3M ruling that led Tuesday's issue: a fiduciary-breach suit dismissed for lack of a meaningful benchmark got a second chance with the Fidelity Freedom suite as comparator, and made the most of it.

Leave & Time Off (2)

Executive Compensation (1)

Also Noteworthy (2)

New Jersey Launches Employee Separation Reporting Portal
National Law Review 2026-08-18

New Jersey now requires employers to report every employee separation to the state DOL through a new portal, under a 2023 mandate taking effect. Mostly an HR-operations item, with severance and COBRA administration touchpoints.