BENEFITS DIGEST

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A publication of The Inner Firm

Tuesday, August 25, 2026

№ 38

18 items · ~3 min read

Retirement Plans (9)·Health & Welfare (1)·Case Commentary (3)·Leave & Time Off (1)·Executive Compensation (1)·Also Noteworthy (3)

The One Thing

A Ninth Circuit ruling narrows ERISA preemption at the edges: when an out-of-network provider says a plan administrator misquoted its reimbursement rate on a benefits-verification call, that's a live state-law misrepresentation claim, not a disguised benefits-denial claim ERISA swallows. The court's line runs on where the injury comes from, a false statement rather than a wrongful benefit denial, so informal representations made on routine verification calls now carry real liability exposure in the circuit. The practical fix for administrators is straightforward: record the calls, or follow every one with written confirmation of the actual plan terms.

Retirement Plans (9)

IRS Proposes Updates to Single-Employer DB Plan Funding Rules
Groom Law Group 2026-08-24

As a reminder, the minimum funding rules under Section 430 establish how much an employer must contribute to a defined benefit pension plan each year to avoid excise tax penalties and satisfy related funding requirements.

IRS Reveals Investment Choices for Trump Accounts
NAPA Net Daily 2026-08-24

The IRS issued a proposal outlining the acceptable investments for Trump Accounts. The proposal covers fees, foreign investments, ESG funds, and other investment management issues.

Nevin & Fred: (How) the PPA Changed Everything
NAPA Net Daily 2026-08-21

The Pension Protection Act (PPA) didn't invent automatic enrollment, target-date funds, or professional investment management. But it was arguably a transformative shift in the design of workplace retirement plans, and the focus of those who support them.

Health & Welfare (1)

Case Commentary (3)

Ninth Circuit Holds ERISA Does Not Preempt Negligent Misrepresentation Claim by Out-of-Network Medical Provider Arising From Benefits Verification Call
Mayer Brown 2026-08-24

The Ninth Circuit held that ERISA preempts a promissory estoppel claim over a misrepresented reimbursement rate on a benefits-verification call, but not a negligent misrepresentation claim on the same facts, because that injury flows from the false statement itself rather than from interpreting or denying plan terms. Mayer Brown's takeaway for administrators: record verification calls and put coverage representations in writing.

Retirement Plan Administrator Loses $40M Cover Bid
Business Insurance 2026-08-24

A unit of American Family Insurance and two co-insurers do not have to cover a $40 million settlement paid by a retirement plan administrator accused of failing to catch a years-long fraud scheme carried out by a church executive, a California federal court ruled Thursday.

Leave & Time Off (1)

Executive Compensation (1)

Also Noteworthy (3)

Avoid These 4 Common IRA Trust Mistakes
Slott Report 2026-08-24

Naming a trust as your IRA beneficiary can help you meet important estate planning goals. However, if you are considering this, you should proceed with caution.