BENEFITS DIGEST

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A publication of The Inner Firm

Friday, August 21, 2026

№ 36

28 items · ~6 min read

Retirement Plans (12)·Health & Welfare (9)·Case Commentary (6)·Also Noteworthy (1)

The One Thing

The Trump Account rules keep arriving in installments, and this morning's is the one for trustees. A proposed regulation published today limits what a Trump Account can hold before the beneficiary turns 18: an unleveraged mutual fund or ETF tracking a broad U.S. equity index such as the S&P 500, with annual fees capped at 0.1 percent, and a trustee-selected default when no one chooses. Ten days ago the rules told employers what they may contribute. This one tells trustees where the money may sit. Comments are due October 20, and the pattern is now clear enough to brief a committee on.

Retirement Plans (12)

Guidance on Eligible Investments for Trump Accounts (Proposed Rule)
Internal Revenue Service / Treasury DepartmentDeadline 2026-08-21

Treasury and the IRS proposed rules defining what a Trump Account can hold before the beneficiary turns 18: generally an unleveraged mutual fund or ETF tracking a broad U.S. equity index such as the S&P 500, charging no more than 0.1 percent in annual fees, with the trustee selecting a default fund when no election is made. The August 11 rules told employers what they may contribute; this one tells trustees what the money may sit in. Comments are due October 20, 2026.

2026 Policy Developments in Benefits and Executive Compensation
Hall Benefits Law 2026-08-20

Hall Benefits Law's half-year policy roundup names four developments: the DOL's proposed safe harbor for fiduciaries selecting 401(k) investments, EBSA's shift to fewer but more participant-focused enforcement interactions, SEC moves to streamline executive compensation disclosure by company size, and EBSA's technical release that ERISA Title I generally does not apply to Trump Accounts. A mixed but useful mid-year checkpoint for benefits and executive compensation practice.

IRS Proposal to Streamline the Retirement Plan Rollover Process
Haynes Boone · via JD Supra 2026-08-20

Retirement plan sponsors should be aware of a new rollover process proposed by the IRS pursuant to Notice 2026-49 (the “Notice”) intended to streamline the process of direct rollovers to or from a retirement plan.

Case of the Week: Missed After-Tax Opportunity
NAPA Net Daily 2026-08-20

In this week's edition, the ERISA consultants at the Retirement Learning Center (RLC) address how a plan corrects a payroll error for a participant who elected to make voluntary after-tax contributions to the plan, but the contributions were not withheld.

Health & Welfare (9)

Employers Face a New GLP-1 Question: Are the Drugs Worth It?
Employee Benefit News 2026-08-20

After years of arguing over what GLP-1 coverage should cost, employers are starting to ask the harder question: whether it is paying off. EBN on the early return-on-investment evidence and how benefit teams are measuring it.

What Employers Need to Know About the Executive Order on Childhood Vaccines
Mercer · US Health News 2026-08-20

A new executive order puts childhood vaccine policy back in the spotlight, but an executive order does not itself change the law, employer health plan coverage, or school vaccination requirements. Dr. Andy Halpert and attorney Katharine Marshall break down what the order does and does not do, and what employers should actually be watching as federal vaccine recommendations shift.

Case Commentary (6)

Latest Pension Risk Transfer Ruling Finds for Sponsor
Mercer · Law & Policy 2026-08-14

Mercer's GRIST desk tallies the pension risk transfer docket after Schoen v. ATI: four district courts have now dismissed PRT challenges for lack of standing while four have let them proceed, with the DOL filing amicus briefs on the sponsor side and noting that no annuity selected in a risk transfer has defaulted in thirty years. The Konya and Doherty appeals are positioned to resolve the split.

Sixth Circuit Holds ERISA Expressly Preempts Out-of-Network Providers’ Negligent-Misrepresentation and Promissory-Estoppel Claims Based on a Plan Administrator’s Oral Reimbursement Assurances
Roberts Disability Law 2026-08-20

Roberts walks through Laurel Hill v. La-Z-Boy, yesterday's Court Decisions lead: the Sixth Circuit's published holding that ERISA preempts out-of-network providers' negligent misrepresentation and promissory estoppel claims over a plan administrator's oral reimbursement assurances, and what it means for providers who rely on verification calls in the Sixth Circuit.

Caught by Surprise! NSA’s QPA Calculation Methodology Given the Boot
Akerman LLP · via JD Supra 2026-08-20

Akerman breaks down what TMA III actually struck from the QPA methodology: ghost rates, bonus and incentive payments, and the treatment of single-case agreements, and what health plans and insurers should do while the Departments draft replacement guidance.

Also Noteworthy (1)