BENEFITS DIGEST

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A publication of The Inner Firm

Wednesday, September 2, 2026

№ 44

21 items · ~5 min read

Retirement Plans (7)·Health & Welfare (5)·Case Commentary (6)·Also Noteworthy (3)

The One Thing

Stable value funds have become the class action bar's favorite target. Trucker Huss counts more than two dozen putative class actions since early 2025 challenging the stable value options in retirement plans, complaints that follow a common template, alleging the selected fund credited lower returns than available alternatives and asking courts to infer a flawed fiduciary process from performance alone. The theory is unproven, but the defense file writes itself in advance. Committees that can show documented benchmarking, periodic market testing, and a reasoned tradeoff between yield and protection are in a different posture from committees that cannot.

Retirement Plans (7)

Don't Call It a Comeback: PBGC Relaunches Opinion Letter Program
Morgan Lewis · ML BeneBits 2026-09-01

The Pension Benefit Guaranty Corporation has relaunched its opinion letter program, giving employers, plan sponsors, unions, and practitioners a channel to ask the agency's Office of the General Counsel how Title IV of ERISA applies to specific situations. Requests may be submitted anonymously through counsel, opinions bind only the requester, and the program excludes matters in litigation, coverage determinations, and issues pending in rulemaking. The agency's first opinion letter since 2002 issued in June, finding that annuity buyouts of frozen plan participants do not trigger section 4043 reporting.

Flash in the Plan: DOL Enforcement Targets Late Deposits of Deferrals and Loan Repayments
Ferenczy Benefits Law Center 2026-09-01

Field Assistance Bulletin 2026-01 made late deposits of employee deferrals and loan repayments a DOL enforcement priority, and the agency is mining Form 5500 filings to find them. Small plans must deposit within seven business days of withholding; larger plans must deposit as soon as amounts can reasonably be segregated, typically two to three business days, with the fifteenth business day an emergency outer limit rather than a deadline. Ferenczy recommends written deposit procedures and prompt engagement with the Voluntary Fiduciary Correction Program when deposits slip.

Will 403(b) Plans Have to Allow for Saver's Match Contributions in 2027?
PLANSPONSOR 2026-09-01

Groom Law Group and CAPTRUST experts answer the question. The Saver's Match is voluntary for 403(b) plans, not required. Eligible low- and moderate-income savers can receive a federal matching contribution of up to $1,000 for taxable years beginning after December 31, 2026, and plans that choose to accept the deposits will need amendments and new administrative procedures under Notice 2026-48.

New Saver's Match, New Plan Sponsor Decisions
Seyfarth Shaw · Beneficially Yours 2026-09-01

Section 103 of SECURE 2.0 replaces the Saver's Credit with a matching contribution from the federal government, and its implementation raises a series of decisions for plan sponsors. Seyfarth surveys the open questions about how the new match will operate.

Vanguard Finds Most DC Participants Invest in One Fund
PLANSPONSOR 2026-09-01

Sixty-one percent of participants on Vanguard's recordkeeping platform held a single target-date fund in 2025, up from 46 percent in 2016, and 66 percent held just one fund of any kind. Vanguard credits automatic enrollment, which nearly 80 percent of large plans now use, and target-date defaults for the simplification.

The 401(k) Plan Sponsors Can Be the Danger
The Rosenbaum Law Firm P.C · via JD Supra 2026-09-02

Rosenbaum's warning to plan sponsors borrows from Breaking Bad. The greatest threat to a 401(k) plan is often not an outside vendor or a plaintiffs' lawyer but the sponsor itself, and fiduciary discipline starts with recognizing it.

Health & Welfare (5)

DOL Proposes E-Delivery for Group Health Plan Disclosures
Proskauer · Employee Benefits & Exec Comp 2026-09-01

In late July, the Department of Labor proposed new regulations that would extend the notice-and-access electronic disclosure model that the DOL finalized in 2020 for retirement plans to group health plans.

Case Commentary (6)

Stable Value Funds: The Latest Wave of Class Action ERISA Litigation
Trucker Huss 2026-09-01

Since the beginning of 2025, more than two dozen putative class actions have been filed challenging the stable value funds offered in retirement plans, on complaints that follow a common template. The suits allege the selected fund credited lower returns than available alternatives and ask courts to infer a flawed fiduciary process from the performance gap. Trucker Huss recommends benchmarking against structurally comparable products, periodic market testing, and documentation of the tradeoff between yield and principal protection.

En Banc Fifth Circuit Affirms Vacatur of No Surprises Act QPA Methodology
King & Spalding · via JD Supra 2026-09-01

On August 11 the en banc Fifth Circuit affirmed the district court's vacatur of key portions of the departments' qualifying payment amount methodology in Texas Medical Association v. HHS, the rules governing how plans calculate the benchmark rate that anchors No Surprises Act payment disputes. (Separately, the tri-agencies' July guidance specifying required remittance advice remark codes for No Surprises Act claims takes effect November 1, with mandatory use for items and services furnished on or after January 1, 2027.)

AT&T Pension Risk Transfer Suit Is Pushed for Dismissal, for a Second Time
PLANSPONSOR 2026-09-01

A Massachusetts federal magistrate judge has recommended dismissal of the pension risk transfer suit against AT&T for a second time, finding the transfer was a settlor decision and that AT&T validly delegated annuity provider selection to State Street. One claim survives the recommendation, that State Street did not act with the required independence.

Ninth Circuit Holds Substantial Compliance Doctrine Applies to ERISA Benefit Elections, Not Just Beneficiary Designations, and Reverses Dismissal of Dying Participant's Pension Claim
Roberts Disability Law 2026-09-01

In Liu v. Kaiser Permanente Employees Pension Plan, No. 24-4303 (9th Cir. Aug. 31, 2026), the Ninth Circuit held that the substantial compliance doctrine applies to benefit elections as it does to beneficiary designations, reversing dismissal of a claim by the sister of a participant who submitted a lump-sum election form while hospitalized with cancer and died three days later. The panel rejected the plan's argument that the doctrine is limited to beneficiary changes, and the $676,981 claim proceeds on remand.

Ninth Circuit Throws a Flag on 401(k) Class Certification
Carlton Fields · via JD Supra 2026-09-02

In an unpublished decision, the Ninth Circuit vacated class certification in an ERISA fee case involving a defined contribution plan, finding the district court failed to rigorously analyze whether Rule 23's typicality and adequacy requirements were satisfied, and remanded.

Also Noteworthy (3)