In most cases, denials of ERISA plan benefits by administrators who have been granted discretionary authority to interpret and apply the plan are reviewed under an abuse of discretion standard, and may only be reversed if the denial was arbitrary
Compensation & Benefits Blog
The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation
The Compensation & Benefits Blog, published by Proskauer Rose LLP, focuses on legal developments and regulatory updates related to employee compensation, retirement plans, and benefits administration. It covers topics such as ERISA compliance, qualified retirement plan limits, private investment fund regulations under ERISA, flexible spending accounts, and withdrawal liability issues affecting private equity funds and their portfolio companies. The blog addresses the intersection of labor and employment law with financial and investment considerations, providing insights on fiduciary duties, plan asset regulations, and litigation risks associated with employee benefit plans and private market investments.
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Upcoming HIPAA Compliance Deadline: HIPAA Notice of Privacy Practices Updates Required by February 16
Group health plan sponsors should take note of the February 16, 2026 deadline to update HIPAA Notices of Privacy Practices (“NPPs”) to reflect recent privacy updates for Part 2 records.
What is an NPP and why does it impact employers…
No Surprises Here! Air Ambulance Providers Petition Supreme Court to Review Fifth Circuit’s No Surprises Act and ERISA Standing Decision
In another development in the ongoing litigation over the enforceability of Independent Dispute Resolution (“IDR”) awards issued under the No Surprises Act (“NSA”), two air ambulance providers, Guardian Flight LLC and Med‑Trans Corporation, have filed a petition for writ of…
SEC Commissioner Signals Support for Private Assets in 401(k) Plans
SEC Commissioner Mark T. Uyeda recently gave remarks in which he argued that the target date funds that are typically included in many 401(k) and other defined contribution plans may be missing out on higher returns and increased diversification by…
IRS Releases Annual Increases to Qualified Retirement Plan Limits for 2026
On November 13th, the IRS released a number of inflation adjustments for 2026, including to certain limits for qualified retirement plans. The table below provides an overview of the key adjustments for qualified retirement plans.
Qualified Defined Benefit Plans
20252026Increase…
It’s November 11th, Do You Know When Your Private Investment Fund’s VCOC Annual Valuation Period Is?
By Adam Scoll
Similar to the old school public service announcements that used to tell us the time of day and asked us if we knew where our children were, Proskauer wants to make sure fund managers are complying with their applicable “venture…
IRS Releases Annual Increases to Health FSA and Transportation Fringe Benefit Limits for 2026
On October 9th, the IRS announced several inflation adjustments for 2026, including adjustments to the annual contribution and carryover limits for healthcare flexible spending accounts and the monthly limit for qualified transportation fringe benefits. Separately, the One, Big, Beautiful Bill…
District Court Holds Private Equity Fund, But Not Its General Partner or Management Company, Liable for Portfolio Company’s Withdrawal Liability
Under ERISA, a participating employer that withdraws from a multiemployer pension plan must pay its share of the plan’s unfunded vested benefits (i.e., its withdrawal liability). ERISA’s “controlled group” rules extend this obligation to all “trades and businesses” that are…
Departments Outline Fertility Benefit Options for Employers
Last week, the Departments of Treasury, Health and Human Services, and Labor released Affordable Care Act FAQs Part 72, confirming that employers and other plan sponsors may offer fertility benefits through existing HIPAA “excepted benefit” structures. The guidance does…
No Monetary Harm, No Foul? Not Quite, but American Airlines Not Required to Pay Any Monetary Damages in ERISA ESG Breach of Loyalty Case
On September 30, 2025, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued a final judgment on damages in Spence v. American Airlines, Inc., No. 4:23-cv-552 (N.D. Tex. Sept. 30, 2025), which related to…