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A PUBLICATION OF THE INNER FIRM
MONDAY, AUGUST 3, 2026
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27 items · ~5 min read
In this issue: Retirement Plans (10)  ·  Health & Welfare (6)  ·  Leave & Time Off (1)  ·  Executive Compensation (2)  ·  Case Commentary (5)  ·  Also Noteworthy (3)

THE ONE THING

NCR’s $47.7 million top hat plan settlement carries a blunt lesson for sponsors of nonqualified deferred compensation: complying with Section 409A is not a defense to breaking the plan’s own terms. Groom’s analysis frames top hat plans as unilateral contracts that employees accept through performance. Once accepted, the written document governs, even where 409A’s termination rules would otherwise permit the sponsor’s move. A reminder to read the plan document before the tax code.

Retirement Plans (10)

PLANSPONSOR · 2026-07-31

Plan sponsors can maximize the retirement outcomes of a broader employee base by offering a lower match rate, paired with a higher match cap.

401(k) Specialist · 2026-07-31

Legislation would update IRA regulations, reduce compliance burdens for financial firms, and expand access to lower-cost retirement investment services while maintaining existing investor protections.

PLANSPONSOR · 2026-07-29

Operational bottlenecks are drawing renewed scrutiny as Congress considers opening the $1 trillion 403(b) market to collective investment trusts.

PLANADVISER · 2026-07-29

A Nationwide survey found that, following the past year’s market volatility, 60% of advisers are more likely to recommend guaranteed income solutions.

PLANSPONSOR · 2026-07-29

Experts say participants, recordkeepers and plan sponsors share responsibilities in making participants whole after experiencing a loss.

Notice · Labor Department · 2026-08-03

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).

PLANSPONSOR · 2026-07-28

Experts from Groom Law Group and CAPTRUST answer questions concerning retirement plan administration and regulations.

PLANSPONSOR · 2026-07-28

Changes in plan design, coupled with regulatory improvements and market evolution, mean concerns about collective investment trusts should no longer keep them from 403(b) plans.

PLANSPONSOR · 2026-07-27

Studies find short-term savings can be a gateway—not an impediment—to long-term savings.

PLANADVISER · 2026-07-27

Incorporating guaranteed income into this already popular product presents a cost-effective, ‘pension-like’ strategy.

Health & Welfare (6)

Miller Canfield · via JD Supra · 2026-08-01

The U.S. Department of Labor (“DOL”) has proposed a new safe harbor option for group health plans to provide required disclosures electronically. Currently, many health plan notices are still delivered through paper mailings, which can be costly and administratively burdensome.

Haynes Boone · via JD Supra · 2026-08-01

The DOL recently issued proposed regulations under ERISA that create additional safe harbors for distributing group health plan documents electronically.

Ogletree Deakins · 2026-07-31

Employers would have a clearer path to delivering summary plan descriptions (SPDs) and other required health plan documents electronically to participants who have provided—or been assigned—an electronic address under a proposed “notice and access” regulation from the U.S. Department of Labor’s (DOL) Employee Benefits…

PLANSPONSOR · 2026-07-31

Offering a diverse array of financial wellness solutions can help reach a ‘distributed workforce,’ a recent Commonwealth report suggests.

PLANSPONSOR · 2026-07-30

Consumer credit trends and household financial health help illustrate the backdrop against which companies are thinking about employee financial wellness.

PLANSPONSOR · 2026-07-28

Experts says plan sponsors should be transparent and should address healthcare costs head-on.

Leave & Time Off (1)

Epstein Becker & Green · via JD Supra · 2026-07-30

What employers should know about key developments this week: • Severance Agreement Overhaul: The No Severance Ultimatums Act, awaiting Governor Kathy Hochul’s signature, would remove the current age-based restriction, extend a 21-day review period plus a seven-day revocation period to all employees.

Executive Compensation (2)

Groom Law Group · 2026-07-31

Although the dispute unfolded against the backdrop of Code Section 409A’s plan termination rules, the bottom line for plan sponsors is this: top hat plans are unilateral contracts that employees accept through performance, and once accepted, the express terms of the plan document govern.

Foley & Lardner LLP · via JD Supra · 2026-07-31

Bonus, equity, and severance arrangements should be carefully coordinated with applicable tax rules, benefit plans, and corporate governance requirements to avoid unintended consequences.

Case Commentary (5)

Jackson Lewis P.C · via JD Supra · 2026-08-01

The Seventh Circuit recently affirmed the trial court victory for GreatBanc Trust Company and Segerdahl Corporation’s (sg360°) Board members in the ESOP case, Rush v. GreatBanc Trust Co., et. al, ___ F.

Roberts Disability Law · 2026-07-31

In Munoz v. Alorica, Inc., No. 25-7359, 2026 WL 2199195 (9th Cir. July 30, 2026), former participants in the Alorica 401(K) Retirement Plan brought this action under ERISA on behalf of a putative class.

Roberts Disability Law · 2026-07-31

In Pover v. Capital Group Companies, Inc., — F.4th —-, No. 24-5298, 2026 WL 2196257 (9th Cir. July 30, 2026), Plaintiff sued her former employer, The Capital Group Companies, Inc., and its fiduciaries on behalf of the company’s defined-contribution retirement plan.

PLANADVISER · 2026-07-29

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.

PLANSPONSOR · 2026-07-27

The Department of Labor urged the court to reject fiduciary breach claims, arguing the plaintiffs’ theory threatens employer flexibility and retirement plan sponsorship.

Also Noteworthy (3)

Holland & Hart LLP · via JD Supra · 2026-08-01

Part of the barrier to widespread adoption of employee ownership trusts (EOTs) in the United States is the lack of a clear transaction model. There are multiple methods of transferring ownership into the trust.

PLANADVISER · 2026-07-29

The spinoff firm will focus on retirement, insurance and payroll services, with backing from private equity firm New Mountain Capital.

PLANSPONSOR · 2026-07-28

According to the Treasury secretary, 7 million children are already enrolled, as officials highlight educational features and expanded funding options.

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