Three organizations that decide surprise-billing payment disputes (i.e., National Medical Reviews, Keystone Peer Review (doing business as Acentra) and MCMC) are up for recertification as federal independent dispute resolution entities, and CMS has opened a window for public petitions to deny them. The window runs October 23 through October 29, five business days. A petition needs the agency’s form and supporting documents, and CMS acknowledges petitions within ten days, which is a receipt, not a decision deadline. For the plans and administrators who live with these arbitrations, the petition window is the rare moment to put concerns about a particular entity on the record.
Tuesday, October 27, 2026
№ 82Congress & Agencies (6)·Retirement Plans (12)·Health & Welfare (5)·Leave & Time Off (5)·Court Decisions & Case Commentary (11)·Executive Compensation (1)
The One Thing
When a benefits broker chooses insurance for its own employees, who checks what it pays itself? Seven Aon employees have filed a proposed class action alleging that the company acted as both employer and broker for its own welfare benefit plan, collecting $14.8 million in commissions and administrative fees from 2020 through 2024. They claim Aon used its authority over the plan to benefit itself. The complaint reaches beyond accident and critical illness insurance to a broader range of coverage, including medical, dental, life and disability benefits. Aon entities faced similar allegations this summer as outside brokers for Macy’s voluntary benefits, until the participant who sued dropped that case this month, without prejudice and without explanation. This suit brings the question inside Aon’s own workplace. USI, Gallagher, Marsh & McLennan and Lockton have also been sued over arrangements in which they allegedly selected benefits for their employees while earning compensation from those selections. The allegations remain unproven, and commissions alone do not establish wrongdoing. But the growing series puts a concrete governance question in front of benefits committees: who evaluates the compensation, who can negotiate it, and does that person have a financial interest in the answer? For employers buying benefits through an outside broker, the same questions are worth asking before employees’ lawyers ask them.
Congress & Agencies (6)
PBGC wants more from the multiemployer plans that received special financial assistance, the federal aid that shored up troubled union plans. Segal reports the proposed annual compliance reporting would add governance and investment records and procedures for locating missing participants, with redactions permitted, and it applies only to the plans that received the assistance, which report through 2051. Comments are due December 15. The additional reporting awaits White House paperwork approval, and plans’ existing reporting requirements stay in place.
The ERISA Industry Committee collects reactions to the Labor Department proposal that would let health plans deliver required documents electronically by default, with paper available on request. The coalition voices in the roundup want the option extended more broadly across welfare plans, and the $19.5 billion savings estimate the piece cites belongs to that wider extension, not the proposal as written. Its survey figures run 91% of participants with internet access and 78% preferring electronic delivery. This is advocacy for a pending proposal, and nothing changes for plans yet.
PBGC’s 2027 flat-rate premiums rise to $116 per participant for single-employer plans and $42 for multiemployer plans. The variable rate remains $52 per $1,000 of unfunded vested benefits, while its per-participant cap rises to $783. The maximum guaranteed benefit for a 65-year-old in a single-employer plan reaches $97,363.68 a year on a single-life annuity. Mercer also explains the separate present-value table used to restrict lump-sum payments from certain underfunded plans.
CMS’s own announcement of its marketplace verification proposal frames the rule as fraud control. Enrollees would have to clear pre-eligibility verification before advance premium tax credits and income-based cost-sharing reductions are paid, starting with 2028 coverage, with an optional verification window opening August 1, 2027 and an annual confirmation requirement after that. An enrollee who skips verification could be auto-renewed without the assistance rather than losing the insurance itself, and consumers who get no subsidy sit outside the requirement entirely. The employer connection is twofold. The existing ways of verifying whether a worker was offered employer coverage are expressly retained, so sponsors keep their current role in that check, and employees or dependents who lose marketplace assistance under the tighter process may take a fresh look at the group plan at the next enrollment. The rule published in the Federal Register on October 27, and comments are due November 27, 2026.
Sydney Halleman reports on the CMS proposal requiring marketplace enrollees to verify their eligibility before premium tax credits and income-based cost-sharing help are paid, with annual confirmation starting with 2028 coverage and a verification window opening August 1, 2027. The agency’s own estimate of 332,500 fewer enrollees a year is a projection, not an observed result. A caution for careful readers is that the article blurs the enhanced premium credits now expiring with the underlying assistance the proposal addresses, which are two different programs on two different tracks.
Retirement Plans (12)
Christopher Carosa asks benefits lawyers Marcia Wagner and Michelle Capezza how an employer would actually offer Trump Account contributions, and the answers separate adopting the benefit from running it. Under the proposed rules, salary-reduction contributions would be available only for employees’ dependents through a separate program the tax code creates. Employers would need to build payroll and trustee coordination, let elections change prospectively at least monthly, and run nondiscrimination testing that examines both who qualifies and whether benefits disproportionately favor higher-paid employees. The $2,500 annual exclusion is a combined limit per employee, not per dependent. The article examines proposed administrative rules, whose details could change before they are finalized.
Snell & Wilmer walks through what the October 22 update to the IRS retirement-plan correction program changes in practice. Self-correction now reaches more mistakes, generally available until the later of the end of the third plan year after the failure or 18 months after the plan identifies it, with exceptions. Some errors remain eligible for self-correction during an audit, including where the employer demonstrated a specific commitment to correct them before the examination began. The firm also covers the new conditions for correcting overpayments and automatic-enrollment failures. Written correction procedures remain the sponsor’s job, because the expanded program rewards plans that can show how they catch and fix their own errors.
Angela Stockbridge gets specific about the new correction program, which replaced its predecessor immediately on October 22. Her walkthrough covers the conditions for fixing eligible inadvertent failures, the correction window running to the later of the third plan-year end or 18 months after identification, and the need to document discovery and correction before an IRS examination begins. Employer-eligibility failures require stopping contributions within six months, overpayment relief carries exceptions including a $250 threshold and rollover notices, and she describes a 12-month window that applies to certain matching-contribution corrections. The separate IRA correction program opens May 1, 2027, and the earnings-floor idea tied to the Labor Department’s online calculator remains a proposal, not a current rule.
PLANSPONSOR’s Valentina Baez adds the employer-practice angle to the correction-program update, with practitioners describing how documentation and participant interviews establish when a failure was actually identified, the fact that starts the correction clock. The piece treats the updated program as effective immediately, notes the IRA correction program arrives May 1, 2027 as an application-based system, and records the January 20 comment deadline on the IRA piece. Sponsors keep their existing self-correction options, because the application program is an addition, not a replacement.
NAPA details the IRA side of the October 22 correction guidance. The new IRA program opens May 1, 2027 with corrections limited at launch to four categories. Three cover service-provider errors, a missed required minimum distribution, the wrong type of account opened, and a distribution or transfer that mishandles an inherited IRA for a nonspouse beneficiary. The fourth covers a 60-day rollover that missed its window where denying a waiver would offend equity or good conscience, including events beyond the individual’s reasonable control. Applications are filed through Pay.gov with a $3,500 fee for single filings before 2028. Rollover-deadline waivers transition out of individual IRS ruling requests, with both routes open during 2027, while the free automatic-waiver and self-certification routes stay available. Self-correction isn’t part of the IRA program at launch, and comments on both revenue procedures are due January 20, 2027.
Ary Rosenbaum opens with the Terminator and lands on a practical point. He expects artificial intelligence to compress fees and margins in plan administration, which would let providers who use it well do more for less while the ones who don’t lose business to the ones who do. He wants human review of anything the tools produce, controls on what client data goes into them, and attention to the conflicts that come with the efficiency.
Emily Boyle’s installment in the Roadmap series sorts retirement-income options into three categories and explains what makes guaranteed products different, including their dependence on the insurer standing behind them, partial annuitization, fees and credit ratings. A survey of 2,000 pre-retirees found 22% have access to a retirement-income product in their plan and 29% don’t know whether their plan offers one, while 59% of those with access invest in one, a share of the smaller access group rather than of everyone surveyed. The piece frames the sponsor’s work as education and provider selection, not a mandate to add anything.
Michael Doshier, who leads retirement at LPL, argues that state auto-IRA mandates give advisers a natural opening to discuss employer-sponsored plans, and he points to a Maryland assisted-living company that chose its own plan over the state program. The Boston College research he cites suggests a relationship between state mandates and private plan formation, which is not the same as proof that one causes the other. Federal startup tax credits and the coming Saver’s Match round out the pitch. No state requires an employer to adopt a 401(k).
Fred Barstein forecasts where defined contribution plans go next, drawing on what plan sponsors say at the training sessions his organization runs. The priorities are nuts and bolts, administration that works, data that moves cleanly between providers, and collaboration among advisers, recordkeepers and payroll, with the conflicts that collaboration creates getting a hard look. The changes he describes are forecasts, and their pace depends on employers actually demanding them.
Joshua Dietch draws on a study of nearly 600 advisers to describe how recordkeepers actually get hired and fired. Price drives selection for 80% and service for 68%, but the walk-away numbers reverse the story, with 28% citing service failures as the reason they stop doing business with a provider against 8% citing fees. Needs differ across specialist, hybrid and wealth-focused practices, so the useful comparison for a plan committee is against advisers serving plans like theirs.
Sherry Porter of Bricker Graydon Wyatt reads the new employee stock ownership plan law as the start of a friendlier era, anchored by its recognition of good-faith reliance on an independent appraisal. The friendlier-enforcement framing is her assessment, and the law grants no immunity and repeals no fiduciary duty, so trustees still answer for how they evaluate the valuations they receive.
Lockton’s take on the employee stock ownership plan valuation law lands on what it doesn’t fix. A statutory framework for relying on a qualifying appraisal doesn’t end valuation litigation, because independence, assumptions and conflicts of interest are still where the cases get fought. The authors also separate the insurance consequences, with directors-and-officers and fiduciary coverage responding to different claims, and caution against expecting premiums to move right away. For selling owners and trustees, the message is that the law changes the framework, not the diligence.
Health & Welfare (5)
Certain employers at San Francisco International Airport will have to spend more on worker health care. Jackson Lewis reports that the ordinance, signed October 16 and taking effect January 1, 2027, raises the required hourly health expenditure for covered airport workers to the rate set by the city’s health care accountability law plus $2 an hour, with an alternative compliance path through a health plan that pays at least 84% of covered medical costs on average, charges no premium for employee-only coverage and caps dependent costs. The dollar figures in the article are illustrations rather than published rates, and the waiver and recordkeeping details await city guidance.
Jill Hughes interviews Epic about what the January 1, 2027 deadline for electronic prior-authorization interfaces looks like from the vendor side. The requirement applies to payers CMS regulates, not to every self-funded employer plan, and Epic’s experience says scheduling data and smaller payers’ readiness are where the friction lives. The time savings reported from early implementations are anecdotes rather than a promise, and an interface requirement doesn’t by itself remove the clinical back-and-forth that makes prior authorization slow. For plan sponsors, the piece is a reality check on how fast the paperwork actually gets faster.
KFF’s comparison complicates the story that American health care is simply worse. Life expectancy runs 3.7 years below comparable countries, and maternal mortality and avoidable admissions for heart failure and diabetes run higher, but reported 30-day mortality after heart attacks and strokes is lower, as are avoidable admissions for asthma and chronic lung disease. Fewer American adults report a regular source of care, 87% against 93%, and more report emergency visits a regular doctor could have handled. The underlying data mix years from 2022 through 2024. For employer purchasers, the access and quality measures describe what health spending buys across systems, useful context for judging their own plans’ results, though national comparisons establish nothing about any particular plan’s performance and don’t show that spending causes the outcomes.
Jimmy Nesbitt’s roundup argues open enrollment goes better when communication runs all year, with employee resource groups feeding input, clear explanations of plan and cost changes, and a feedback loop afterward. The timing survey it cites about when to send enrollment messages reflects one vendor’s data rather than a universal ideal. Track employee questions, understanding and subsequent use of benefits, rather than treating completed enrollment forms as proof that the communication worked.
Writing from a financial-services perspective, Chuck Greenblott argues the employee assistance programs most employers lean on weren’t built for chronic caregiving demands or the planning questions of workers approaching retirement. His examples are hypothetical employees rather than measured cases. The piece separates clinical care from practical care navigation and from financial and coverage planning, and it recommends employers review what their program actually covers, add navigation where it’s missing, and teach managers the handoffs.
Leave & Time Off (5)
A survey of 1,000 American women ages 35 to 59 found 82% of those working had mistaken perimenopause symptoms for stress or burnout, a self-report about recognition rather than a diagnosis rate. Lee Hafner’s piece argues HR can respond on both fronts at once with better information, confidential access to care and accommodations, and points to employers such as Pinterest working with specialized providers. The $26 billion annual cost figure it cites from Mayo Clinic research combines medical expenses and lost productivity.
Littler works through the Allegheny County, Pennsylvania ordinance that requires employer-funded paid parental leave and expands the county’s paid sick leave. The parental mandate covers employers with at least 15 employees and provides 12 weeks of paid leave subject to a $4,200 weekly cap, with the county’s regulation separating the effective date, at least 180 days after passage, from an employer implementation deadline up to 180 days after that. On the sick-leave side, the firm describes accrual of one hour per 30 hours worked, with annual caps rising to 72 hours at larger employers and 48 at smaller ones.
Tucker Arensberg’s status update covers both halves of Allegheny County’s new paid-leave regime, the employer-funded parental leave mandate and the expanded sick-leave rules, with answers to the questions employers are asking about accrual, carryover and documentation. The firm reads the $4,200 weekly cap as including the value of benefits, which it labels its own interpretation of the ordinance rather than settled guidance, and it notes that litigation over the mandate has been anticipated but nothing has been filed and nothing is on hold. Implementation timing runs from the ordinance’s two-stage schedule, with employer obligations landing up to 180 days after the law takes effect.
Babst Calland urges Allegheny County employers to start now on the policies, payroll changes and recordkeeping that the county’s new paid parental leave mandate and expanded sick leave will demand. On timing, the county’s regulation sets an effective date at least 180 days after passage and then gives employers up to another 180 days to come into compliance, so the obligations arrive in stages rather than on a single day.
Kathryn Moody’s weekly roundup leads with the collision between disability-accommodation law and paid-time-off policies, pointing readers to the publication’s fuller treatment of when leave itself becomes the accommodation. The rest of the week’s sweep runs from Allegheny County’s new paid-leave mandate to AI-generated busywork, mental health benefits and changes to how the federal employment-discrimination agency handles settlement talks.
Court Decisions & Case Commentary (11)
Seven Aon employees accuse the insurance brokerage of self-dealing in its own welfare benefit plan, alleging that Aon acted as both employer and broker and collected $14,834,190 in commissions and administrative fees from 2020 through 2024 on coverage its workers paid for. The October 23 complaint runs three counts, a prohibited-transaction claim and claims for disloyalty and failure to monitor. The plan’s scope is broad, medical, dental, life, disability, legal and other coverage, not just the supplemental products that have driven the recent voluntary-benefits suits. The aggregate figure is the plaintiffs’ allegation, and receiving commissions is not by itself unlawful.
Four months after discovery closed in Ford’s suit against Blue Cross Blue Shield of Michigan, the defendants asked to compel more discovery and take additional depositions. Magistrate Judge Elizabeth Stafford said no to all of it in an October 26 order, finding the requests untimely, unaccompanied by any motion to change the schedule, and out of proportion to what the case needs at this stage. The order limits further evidence gathering without deciding the underlying claims. The parties have 14 days to object, and the order governs unless a judge puts it on hold. Ford is among the employers in litigation with the administrator of a self-funded health plan, the same genre as the Aramark complaint against UnitedHealth affiliates, and the order shows courts holding both sides to the schedule for gathering evidence.
Three days before trial was set to begin, the parties in the Envision employee stock ownership plan litigation told the court they had signed a term sheet on material settlement terms and are completing a full agreement, which they expect to execute by November 20, with a preliminary-approval motion requested for December 4. The court vacated the October 26 trial date. The October 23 notice discloses no settlement amount, and an agreement in principle is not a final settlement, let alone an approved one. The case, filed in 2021, had been heading to trial on claims about how the plan acquired company stock, so ESOP companies and trustees following the valuation-litigation wave lose the trial test and wait for the terms to become public.
The court dismissed the second amended complaint against EssilorLuxottica with prejudice on October 23, ending the 401(k) suit over the plan’s stable value fund. The participants’ comparator funds were inadequately explained and didn’t match the challenged investment, the court found, and the challenged fund’s time in the plan only briefly overlapped the class period. A recordkeeping-fee count went beyond the limited permission to amend the court had granted, a procedural ruling rather than a finding that the fees were reasonable, and the monitoring claim fell with the rest. Nothing in the order decides whether the plan’s investment process was actually prudent. The plaintiffs never pleaded enough to put that question to a trial, and for sponsors the ruling adds to the line of cases requiring apt comparator funds before an investment suit proceeds.
The surprise-billing arbitration system worked as Congress designed it, SpecialtyCare’s October 23 complaint says, except for the last step, the insurer paying. The surgical-monitoring provider wants about $280,856 in federal dispute-resolution awards it says Anthem Health Plans of Kentucky never paid, and it pleads six alternative routes to collection spanning the No Surprises Act, arbitration law and ERISA, including theories that it stands in patients’ shoes because they signed their claims over to it and that Anthem acts as a fiduciary when it decides these claims. The complaint candidly acknowledges that some courts, including two federal appeals courts, have held providers have no private right to enforce the awards.
Three Hard Rock employees say the company’s health plan charged tobacco users $15 a week, $780 over a full year, without offering the full reward for completing a cessation program and without adequate notice that a doctor’s recommendation could substitute, allegations in the same mold as the surcharge suits against other large employers. Free access to a quit program alone doesn’t satisfy the wellness rules, the October 23 complaint argues. Four counts split between the surcharge’s design and the plan’s fiduciaries, seeking relief for a proposed class reaching back six years. How the plan is funded and which plan document governs are expressly unknown to the plaintiffs at this stage, no percentage-cap violation is claimed, and the allegations have not been decided.
A former Bank of America employee alleges the bank disciplined her for absences tied to caring for a family member, put her on a performance improvement plan, and configured its leave system so she couldn’t request family leave afterward, until she resigned on August 20. The complaint pleads constructive discharge rather than an express firing, meaning conditions allegedly left no real choice but to quit. Eight counts span discrimination, retaliation and interference with federal family-leave rights, including a disability claim based on her association with the person she cared for, a theory that does not create a general right to caregiver accommodations. All of it is allegation, untested in court.
Joshua Hill surveys the growing fight over what happens when a health plan simply doesn’t pay a surprise-billing arbitration award. Federal appeals courts have held providers can’t sue to enforce the awards directly, while at least one district court has gone the other way, leaving regulators’ penalties, rather than individual collection suits, as the main enforcement path, with a separate open question about routes through general arbitration law. Whether a provider can collect an unpaid award in court remains unsettled, with the appeals courts and at least one district court divided, and new collection suits keep testing that uncertainty.
Hall Benefits Law describes a proposed class action by four former Amazon employees who say the company routinely delayed or denied pregnancy accommodations, demanded excessive documentation and penalized them under timekeeping policies while requests were pending. Amazon’s response, quoted in the piece, is that it granted 99.95% of pregnancy-accommodation requests in 2025. No class has been certified and none of the allegations has been tested. The firm uses the case to walk employers through the federal pregnancy-accommodation law’s requirements, which run separately from the nursing-mother protections.
Whiteford’s Catherine Smith unpacks a Fourth Circuit decision about an employer that suspected an employee’s medical certification for family leave was fraudulent. In its August 4 opinion, the court held that in November 2021 the law did not clearly establish that an employee had to receive a chance to fix an authenticity problem before his employer contacted the medical provider. That finding could protect the government official from personal liability, but the court sent the case back to determine whether qualified immunity is available for this type of family-leave claim. The decision itself is from August, while the firm’s analysis is new.
James Watkins reads five foundational court decisions on fiduciary prudence as one body of law about process, context and monitoring rather than a rule that the cheapest fund wins. His three-stage framework for prudence reviews is his own analysis, not anything a court has adopted. For committees, the thread is that a documented, reasoned process, not any particular investment outcome, is what the cases reward.
Executive Compensation (1)
When a life-sciences company sells, what happens to management’s bonuses, options, restricted stock, profits interests and phantom equity turns on what the governing documents say, and Haynes Boone’s checklist walks through each award type. Before a sale process starts, the useful review covers each award’s vesting triggers, change-in-control provisions and tax treatment, because the documents, not the deal announcement, control what management actually receives. The guidance is aimed at retaining executives through a transaction.