BENEFITS DIGEST

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A publication of The Inner Firm

Thursday, August 27, 2026

№ 40

18 items · ~4 min read

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

The One Thing

The Seventh Circuit has upheld an Arkansas rule that tells health plans what they must pay pharmacies. Central States, a large self-funded multiemployer plan, argued that ERISA shields it from the state's requirements to pay pharmacies “fair and reasonable” dispensing fees and to report pharmacy compensation data to the state. The court disagreed on both counts: under the Supreme Court's Rutledge decision a state may regulate what plans pay, and the reporting duty survives because it exists only to enforce that payment rule. The upshot for self-funded plans is one more state pharmacy regime that ERISA will not clear away. One wrinkle to watch: ERISA's own new uniform pharmacy-reporting rules take effect for plan years beginning 30 months after February 3, 2026, and the court hinted they could reopen the preemption question then.

Regulatory & Guidance (1)

FAQs About Affordable Care Act and HIPAA Implementation, Part 74
DOL, HHS & Treasury 2026-08-26

Federal regulators will not enforce a rule requiring wellness program rewards to be paid retroactively to the start of the plan year when a participant meets a reasonable alternative standard midyear, as long as the plan pays the reward for the rest of the year. The guidance also confirms that the reasonable alternative standard notice is required only in materials that actually describe the program's terms, not in materials that merely mention it.

Court Decisions (1)

Central States SE & SW Areas Health & Welfare Fund v. Alan McClain
Court of Appeals for the Seventh Circuit 2026-08-26

The Seventh Circuit affirmed dismissal of Central States' ERISA preemption challenge to Arkansas Insurance Rule 128, holding that the state's requirement that health plans pay pharmacies “fair and reasonable” dispensing fees is a cost regulation permitted under Rutledge, and that the rule's companion reporting mandate survives because it exists only to enforce that fee requirement, fitting the narrow room the Supreme Court's Gobeille decision leaves for state reporting duties. The panel flagged that ERISA's newly enacted uniform pharmacy-compensation reporting rules, effective for plan years beginning 30 months after February 3, 2026, may change the analysis later. For self-funded plans, the decision extends Rutledge's reach from reimbursement floors to state-mandated fees and data reporting.

Retirement Plans (8)

Handling Uncashed Checks in a Pension Plan
Milliman 2026-08-26

Milliman walks through how pension plans should handle uncashed benefit checks, a recurring administrative problem that carries real fiduciary, financial, and regulatory consequences.

Cutting Staff? Your Retirement Plan Might Pay the Price
Troutman Pepper Locke 2026-08-26

As companies across major sectors continue to announce significant reductions in force, Troutman Pepper Locke examines the retirement plan consequences that can follow a shrinking workforce, and the compliance issues plan sponsors should be watching before the next round of cuts.

Section 530A Account Update: ERISA Status of Trump Accounts
Verrill 2026-08-24

In Technical Release 2026-02, the DOL concluded that Section 530A accounts and employer contribution programs generally are not ERISA-covered pension plans when employers keep a neutral, administrative role. To stay outside ERISA, employers should avoid endorsing particular providers, influencing investment decisions, imposing conditions on account use beyond what the tax code requires, or receiving compensation. Verrill's takeaway is that the guidance clears a major compliance concern for employers weighing 530A contributions, while ERISA risk still turns on program design, communication, and administration.

Health & Welfare (4)

New Dependent Care FSA Nondiscrimination Rules Are Easier to Pass
Haynes Boone · via JD Supra 2026-08-26

New proposed regulations make it easier for dependent care flexible spending accounts (“DCFSAs”) to pass applicable nondiscrimination rules under the Internal Revenue Code and, in particular, the “average benefits test.”

HSA Participation Rises, but Savings Potential Remains Largely Untapped
NAPA Net Daily 2026-08-26

PSCA's annual Health Savings Account survey found 83% of eligible employees contributed to their HSAs in 2025, up from 73% a year earlier, while only about a quarter of employers actively position HSAs as part of a long-term retirement savings strategy. NAPA's read: participation is no longer the problem, and the open opportunity for employers is helping workers treat the accounts as more than a spending vehicle.

Case Commentary (1)

Federal Court Again Dismisses Wells Fargo 401(k) Forfeiture Suit
Hall Benefits Law 2026-08-26

On remand from the Eighth Circuit, a Minnesota federal judge again dismissed the proposed class action claiming Wells Fargo used about $2.2 million in 401(k) forfeitures to reduce its own matching contributions rather than pay plan expenses, this time without prejudice. The ruling turns on standing rather than the merits, so whether the forfeiture-offset practice itself is permissible remains an open question.

Leave & Time Off (2)

Executive Compensation (1)