BENEFITS DIGEST

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A publication of The Inner Firm

Tuesday, September 1, 2026

№ 43

21 items · ~4 min read

Court Decisions (1)·Retirement Plans (7)·Health & Welfare (7)·Case Commentary (2)·Leave & Time Off (1)·Executive Compensation (1)·Also Noteworthy (2)

The One Thing

The fight over what the No Surprises Act costs has become a fight over who absorbs them. Georgetown researchers put four years of arbitration-driven spending at $22.4 billion, provider groups call that estimate flawed, and the employer lobby answers that plans and workers pay either way, pointing to a 77 percent jump in dispute filings and provider win rates near 85 percent. Sponsors should treat dispute-resolution costs as a budget line to manage, not background noise.

Court Decisions (1)

Retirement Plans (7)

Been Wanting to Learn More About Trump Accounts?
Seyfarth Shaw · Beneficially Yours 2026-08-31

Seyfarth reviews the IRS's latest proposed Trump Account guidance, which addresses employer contribution programs and the eligible-investment rules confining account assets to low-fee, broad-market index funds during a beneficiary's childhood.

Treasury and IRS Expand Proposed Trump Account Guidance
National Law Review · Labor & Employment 2026-08-31

Treasury and the IRS have issued proposed rules addressing the opening and administration of Trump Accounts, employer contribution programs, and eligible investments during a beneficiary's childhood.

Milliman Pension Buyout Index August 2026
Milliman 2026-08-31

Estimated competitive retiree buyout cost, as a percentage of accounting liability, increased by 10 basis points from 99.6% to 99.7% during July.

Health & Welfare (7)

Tobacco Surcharges: New Federal Guidance Gives Employers Some Relief, But Not a Free Pass
Bricker Graydon 2026-08-31

The agencies will not take enforcement action against plans that apply a tobacco surcharge reward prospectively once an employee satisfies a reasonable alternative standard, so employers need not refund amounts already collected. Bricker Graydon cautions that the relief is enforcement discretion, not a safe harbor. Programs must still be reasonably designed, properly documented, and disclosed, and the guidance does not resolve the private class actions already in the courts.

Employers Are Absorbing the Costs of a Surprise Billing Arbitration System
ERIC 2026-08-31

ERIC's read of the Georgetown research puts No Surprises Act arbitration costs at $22.4 billion over four years, with filings up 77 percent year over year and providers winning roughly 85 percent of disputes at awards well above median in-network rates. The employer lobby wants Congress to recalibrate the IDR process, arguing plans and workers ultimately absorb the pressure.

HIPAA for Self-Funded Plans and TPAs: The Covered Entity Distinction
Constangy, Brooks, Smith & Prophete, LLP · via JD Supra 2026-09-01

A self-funded group health plan is generally a HIPAA covered entity, while the third-party administrator that processes its claims is a business associate. Constangy walks through what the distinction means for the compliance obligations on each side.

Employers Plan to Continue With Moderate Pay Increases in 2027, per Marsh
PLANSPONSOR 2026-08-31

Employers project base merit increases of 3.2 percent and total salary increases of 3.5 percent for 2027, in line with recent years, while employees' average healthcare contribution climbs 7.9 percent to $5,297. Only 13 percent of organizations had finalized 2027 salary budgets as of July.

Case Commentary (2)

Rabbi Trust Funds as Property of the Estate: The Sleep Number Deferred Compensation Decision
Chapter11Cases (Stretto) 2026-08-28

In Sleep Number's chapter 11, the Bankruptcy Court for the Southern District of New York held that roughly $17.6 million in the company's deferred compensation rabbi trust is property of the estate, leaving plan participants to file general unsecured claims alongside other creditors. The decision underscores that a rabbi trust shields deferred compensation from the employer's change of heart, not from the employer's insolvency.

Second Quarter 2026 ERISA Litigation Update: Recent Developments and Areas to Watch
Gibson Dunn 2026-08-31

The quarterly survey tracks health plan design challenges after Barbich v. Northwestern, the forfeiture line following the Eighth Circuit's standing dismissal in Matula, actuarial-equivalence rulings in the Sixth and Eleventh Circuits, and the Supreme Court's withdrawal-liability decision in M&K Employee Solutions, with the Fifth Circuit's en banc surcharge case and Anderson v. Intel on the watch list.

Leave & Time Off (1)

Executive Compensation (1)

Also Noteworthy (2)

GAO Revisits Participant Data Privacy Recommendations
NAPA Net Daily 2026-08-28

In a new WatchBlog post, the Government Accountability Office revisits its recommendation that the Labor Secretary provide guidance on participant data privacy for plan sponsors and service providers.

TAX TAKE: What Congress Can Do in September
Miller & Chevalier 2026-08-31

Miller & Chevalier's September outlook starts with the continuing resolution needed to avert a partial government shutdown before fiscal 2027 begins October 1 and surveys what tax legislation could move this month.