BENEFITS DIGEST

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.

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.

Mercer's GRIST desk tallies the pension risk transfer docket after Schoen v. ATI: four district courts have now dismissed PRT challenges for lack of standing while four have let them proceed, with the DOL filing amicus briefs on the sponsor side and noting that no annuity selected in a risk transfer has defaulted in thirty years. The Konya and Doherty appeals are positioned to resolve the split.

A Pennsylvania federal court dismissed a class action challenging ATI's $1.5 billion pension risk transfer to Athene, holding under Thole that retirees whose monthly benefits remain unchanged lack standing, and that the alleged risk of future harm was too speculative. The decision deepens the district-court split over Athene-related de-risking suits, with standing rejected in Schoen, Camire, and Bueno but sustained in Konya and Doherty, both now on interlocutory appeal to the Fourth and Second Circuits. Nixon Peabody's ERISA litigation team advises sponsors to document annuity-provider selection under the DOL's six-factor guidance before closing, since no court has yet reached the fiduciary merits on a developed record.

On June 15, 2026, the Pension Benefit Guaranty Corporation (“PBGC”) issued an opinion addressing whether an annuity buyout that reduces active headcount by 20% or more would trigger a reportable event.

Another federal judge has dismissed a suit by plaintiffs backed by Schlichter Bogard LLC alleging that their pensions were put at risk via a transfer of those obligations to a PE-backed insurance company.

Prohibited Transaction Exemption (PTE) 2014-06 provided an exemption for AT&T to contribute approximately $9.21 billion of employer securities (the Preferred Interests) and other assets to the AT&T Pension Benefit Plan (the Plan).

Like several other pro-employer pension risk transfer rulings, the judge said the plaintiffs lack standing to sue as they continued to receive promised benefits.

Defense and aerospace company ATI won dismissal of a proposed class action alleging it put retirees' benefits at risk by transferring approximately $1.5 billion of pension obligations to a private equity-backed insurance company, with a Pennsylvania federal court ruling Monday that the ex-workers hadn't sufficiently pleaded their claims.

The Labor Department filed an amicus brief with a federal appellate court addressing the standards for offloading defined benefit plan liabilities through pension risk transfers. The filing gives sponsors a first official read on how DOL views the safest available annuity analysis in the current PRT litigation wave.

The deadline to adopt a restated pre-approved 403(b) plan is rapidly approaching. Here's what employers need to know.

The deal, if approved by a federal district court in California, would require updates to future pension calculations.

Background Under ERISA section 4043, defined benefit plan administrators must notify PBGC when certain “reportable events” occur. One of those events is a reduction in the active participant headcount.