Fourth Circuit Holds That “Contingent” Proof of Claim Did Not Trigger Statute of Limitations to Collect Withdrawal Liability
The Fourth Circuit affirmed that a multi‑employer pension plan’s “contingent” proof of claim filed in a debtor’s bankruptcy does not satisfy the statutory “notice and demand” needed to start the six‑year limitations period for collecting withdrawal liability. The court emphasized that a notice must be clear, unambiguous, and reference the pension plan’s dispute‑resolution scheme, which the contingent claim lacked. Consequently, the pension fund’s lawsuit filed in 2023 remained timely because the limitations clock began only after the 2022 demand to the controlled‑group members. The ruling clarifies how bankruptcy filings intersect with pension withdrawal claims.
DOL Issues Field Assistance Bulletin No. 2026-01 Signaling a Major Shift in ERISA Enforcement Priorities: What Plan Sponsors and Fiduciaries...
On April 14, 2026, the Department of Labor’s Employee Benefits Security Administration released Field Assistance Bulletin No. 2026‑01, outlining four new enforcement priorities for ERISA plans. The bulletin emphasizes targeting egregious loyalty breaches and self‑dealing, especially where fiduciaries pursue non‑participant...
Ninth Circuit Clarifies Withdrawal Liability Industry Rules
The Ninth Circuit issued two 2026 rulings that clarify when employers in the building‑construction and entertainment sectors trigger withdrawal liability from multi‑employer pension plans. In Walker Specialty Const., Inc., the court held that asbestos‑abatement work falls within the “building and...
DOL Issues Proposed Rule and Safe Harbor Intended to Facilitate the Inclusion of Alternative Assets in 401(k) Plans
On March 30, 2026 the U.S. Department of Labor issued a proposed rule that creates a safe‑harbor framework for including alternative assets in designative investment alternatives (DIAs) offered by participant‑directed 401(k) plans. The rule, issued under President Trump’s executive order,...
Fourth Circuit Overturns Class Certification of 401(k) Plan Investment Loss Case
The Fourth Circuit reversed a district court ruling that had certified a class action against Genworth Financial over alleged underperformance of BlackRock target‑date funds in 401(k) plans. The appellate court held that Rule 23(b)(1) cannot be used for defined‑contribution plans because...
District Court Reinforces Role of Article III Standing Limits in Post-Cunningham ERISA Litigation
A federal district court in North Carolina dismissed a 401(k) plan participants’ prohibited‑transaction and fiduciary‑breach claims against Bayada Home Health Care, finding they lacked Article III standing and presented only speculative allegations. The plaintiffs failed to show that advisory or record‑keeping...
Seventh Circuit Holds Asset Sale Does Not Require Exclusion of Contributions From Withdrawal Liability Calculation
The Seventh Circuit ruled that ERISA §4204 does not require excluding contributions tied to assets sold when calculating the maximum annual payment for withdrawal liability. In SuperValu Inc. v. United Food and Commercial Workers, the court affirmed the plan could...
IRS Issues Updated Safe Harbor Rollover Notices
The IRS released Notice 2026-13 on January 15, 2026, updating the safe‑harbor rollover notices that plan administrators must provide under section 402(f) of the Internal Revenue Code. The new notice replaces the 2020-62 version and incorporates SECURE 2.0 provisions affecting in‑service distributions,...
ISS and Glass Lewis Release Compensation-Related Updates For 2026 Proxy Season
ISS and Glass Lewis have unveiled new compensation‑related voting policies for the 2026 proxy season. ISS extends its pay‑for‑performance quantitative analysis to a five‑year look‑back, gives a favorable view to long‑term time‑based equity awards, adds flexibility for companies receiving less...
Coming Soon: DOL’s Proposed Rules Facilitating Alternative Assets in 401(k) Plans
On January 13, 2026 the U.S. Department of Labor submitted proposed rules to the White House Office of Management and Budget that would allow 401(k) and other defined‑contribution plans to hold alternative assets such as digital currencies, private equity, private credit and...
Planning for Your Next DOL Investigation Just Got Easier
The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) unveiled its FY 2026 national enforcement projects, marking the most extensive overhaul in recent years. Priorities include cybersecurity safeguards, mental‑health and substance‑use benefit access, No Surprises Act compliance, protection of benefit...
California’s New Restrictions on “Stay-or-Pay” Provisions Require Employers to Review Repayment Agreements
California’s Assembly Bill 692, effective Jan 1 2026, broadly prohibits employers from including stay‑or‑pay provisions that require workers to repay bonuses, training, relocation or other retention incentives upon termination. The law permits narrow exceptions for discretionary sign‑on bonuses and tuition repayment, provided...
Third Circuit Holds No Deference Due Where Administrator Fails to Articulate an Interpretation of an Ambiguous Plan Term
The Third Circuit ruled that ERISA plan administrators lose judicial deference when they fail to explain how they interpret ambiguous plan terms, as demonstrated in Rombach v. Plumbers Local Union No. 27 Pension Fund. The court held that the plan’s...
Upcoming HIPAA Compliance Deadline: HIPAA Notice of Privacy Practices Updates Required by February 16
Group health plan sponsors must revise their HIPAA Notices of Privacy Practices by February 16, 2026 to incorporate new Part 2 privacy protections for substance‑abuse treatment records. The update requires clear language on prohibited uses, legal‑process limitations, and an opt‑out option...