BENEFITS DIGEST

Proposed regulations in this morning's Federal Register would write into the regulations what Revenue Ruling 71-447 and the case law behind it established decades ago, that a racially discriminatory private school is not tax exempt. Two things are new. The rule reaches every private school from kindergarten through universities and trade schools, and it treats race-based criteria as discrimination for any purpose, sweeping in diversity-motivated scholarships, donor-restricted funds, and other school-supported programs. Religious admissions criteria survive if they are genuinely religious rather than proxies for ancestry or ethnicity. If finalized, the rule applies to taxable years beginning after May 31, 2027, and comments are due 60 days after publication.

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.

The August Monthly Minute reminds plan sponsors of the upcoming SECURE 2.0 plan amendment deadline and highlights a Fourth Circuit decision reflecting the litigation impact of a delayed ERISA appeal determination.

Foley's reminder that years of CARES, SECURE, and SECURE 2.0 operation may not yet be reflected in plan documents: when operations, communications, and the document diverge, the amendment deadline is the cleanup moment. A practical December 31 checklist starter.

IRS Announcement 2026-15 gives employers using preapproved defined contribution plans until September 30, 2028 to adopt newly approved documents for the fourth remedial amendment cycle. Mercer maps the dates plan sponsors and document providers need on the calendar.

Plan sponsors seeking IRS sign-off on individual plan questions get a simpler road: new Form 15662 standardizes private letter ruling requests, pay.gov filing opens August 26, and paper submissions end September 4. Worth knowing before your next plan design question needs a ruling.

Starting this year, employers can contribute to an employee's or dependent's Trump account tax free, up to a combined $2,500 per year (inflation-adjusted after 2027) under a contribution program. Groom's walk-through of this week's proposed regulations.

Treasury and the IRS announced that they will propose regulations on the Saver's Match and begin implementing an Executive Order to create a federal IRA savings program for private-sector workers without coverage.

Treasury and the IRS announce their intent to propose regulations implementing the Saver's Match program under section 6433, the SECURE 2.0 provision paying federal matching contributions of up to $1,000 directly into the retirement accounts of eligible low- and moderate-income savers for tax years beginning after December 31, 2026. The notice requests comments by October 5, 2026 on eligibility, claiming and payment mechanics, financial-institution reporting, and treatment of erroneous payments.

Private letter ruling addressing the section 4980 transfer of surplus assets from a terminating defined benefit plan to a replacement defined contribution plan. A PLR binds only its recipient.

The IRS intends to issue opinion letters on August 31, 2026 for Cycle 4 defined contribution pre-approved plans updated for the 2023 Cumulative List. The announcement also sets the employer adoption deadline and the determination letter application window for adopting employers.

Rev. Proc. 2026-30 updates the application procedures in Rev. Proc. 2026-4 to streamline requests for letter rulings.

The IRS has extended the public comment period on its Employee Plans Compliance Resolution System (EPCRS) information collection through September 25, 2026.

This column explores IRS guidance on these arrangements and potential risks to employers under federal law.

We also explore how Section 315 and Section 101 of the SECURE 2.0 Act impact plan mergers and family attribution rules, as well as why engaging ERISA counsel for a legal opinion is essential now that the IRS no longer issues determination letters for coverage testing.

Revenue Procedure 2026-26 provides the 2027 indexing adjustments for the ACA premium tax credit applicable percentage table and sets the required contribution percentage at 10.22 percent, up from 9.96 percent for 2026. That figure drives the employer affordability safe harbors, so sponsors should have it in hand before setting 2027 employee contributions.

Many retirement plans must be amended by December 31, 2026 to bring the plan document into compliance with a number of legislative changes. To ensure your plan document accurately reflects your

The countdown clock is running. The stadium lights are on, and the clock is ticking toward extra time. Plan sponsors must amend many qualified retirement plans by December 31, 2026. Just like in a

Recently-issued IRS Notice 2026-33 provides necessary guidance on long-term care distributions. Here’s what you need to know. A distribution made during the taxable year that does not exceed the

Transfer-tax safe harbor for individual donors who contribute to Trump accounts under IRC §530A. If specified conditions are met, contributions are treated as completed gifts that are not future

HDHP/§223 OOP measured in-network only (§223(c)(2)(D); a higher out-of-network OOP max does NOT defeat HDHP status; Notice 2004-2 Q&A-4, Notice 2004-50 Q&A-15/19). Deductible=floor, OOP=ceiling. MA