What Are Trump Accounts?
A Trump account is a type of individual retirement account (IRA) established for the exclusive benefit of a child and designated as a “Trump account” at inception. Created by the One Big Beautiful Bill Act (the
Employee Benefits
Reporting developments affecting employee benefits and executive compensation
The Employee Benefits blog published by Troutman Pepper Locke focuses on legal developments and regulatory updates affecting employee benefit plans and executive compensation. Topics include changes to retirement plan contribution limits, ERISA preemption issues in litigation involving out-of-network providers, fiduciary duties and governance requirements for plan sponsors, and compliance with new state laws impacting employee bonuses and repayment obligations. The blog also covers IRS announcements on cost-of-living adjustments for qualified plans, health savings accounts, and flexible spending accounts. It provides guidance on practical steps employers and plan sponsors should take to adapt to evolving legal requirements and court decisions in the employee benefits arena.
Latest from Employee Benefits - Page 2
Mandatory Roth and Optional Super Catch-Up Contributions
In this installment of our Employee Benefits and Executive Compensation Preparing For 2026 series, hosts Constance Brewster and Jeff Banish walk employers through the new rules on mandatory Roth catch-up contributions and the optional “super catch-up contributions,” as we approach…
Ninth Circuit Reaffirms Broad ERISA Preemption Regardless of Concurrent ERISA Claim
On November 24, the Ninth Circuit issued an unpublished memorandum disposition in Dedicato Treatment Center, Inc. v. Aetna Life Insurance Co., affirming dismissal of an out-of-network provider’s state-law claims as preempted by ERISA’s remedial scheme. The panel’s brief decision…
IRS Announces 2026 Retirement Plan Limits: Modest Increases
The Internal Revenue Service (IRS) announced the 2026 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living adjustments for 2026. Most of the dollar limits, including the…
New California Requirements for Signing Bonuses Subject to Repayment Upon Early Termination
By David Kaplan
California recently enacted Section 16608 of the California Business and Professions Code, which bans agreements that require employees to pay a “penalty, fee or cost” upon termination, effective January 1, 2026.
Bonuses that are subject to repayment will be…
Federal Court Finds No Monetary Damages in ERISA Fiduciary Breach Case, Orders Governance Changes
Last May, we provided a client alert about a recent federal district court case (Spence v. American Airlines, No. 4:23-cv-00552-O, 2025 WL 225127, at *2 (N.D. Tex. Jan. 10, 2025)), in which a plan sponsor and certain plan fiduciaries were…
Top Five Health and Welfare Updates
Join Lydia Parker and Laura Ferguson, partners in Troutman Pepper Locke’s Employee Benefits + Executive Compensation Practice, as they discuss the top five health and welfare updates from 2025 to prepare you for 2026, from significant legislative changes to emerging…
DOL Advisory Opinion Confirms Post-Employment Vesting Provisions in RSUs Should Not Create an ERISA Pension Plan
On September 9, 2025, the Department of Labor (DOL) issued Advisory Opinion 2025-03A addressing the following question: Are awards of restricted stock units (RSUs) that permit post-employment vesting considered a “pension plan” subject to the requirements of the Employee Retirement…
IRS Issues Additional Guidance on Withholding and Reporting for Uncashed Retirement Plan Checks
By Lori Basilico & Anca Vintu
Uncashed checks can be an administrative headache for retirement plans, potentially raising fiduciary and compliance concerns. Why?…