In this episode of Employee Benefits and Executive Compensation: Preparing for 2027, Troutman Pepper Locke attorneys Lynne Wakefield and Heather Heath Ryan explore the rapidly evolving health and welfare plan landscape and what plan sponsors and fiduciaries need to consider heading into 2027. The discussion opens with a foundational overview of health and welfare plan governance and fiduciary best practices, including the critical distinction between settlor and fiduciary functions, and explains why robust governance structures are increasingly essential in today’s legal and regulatory environment.

In this episode of Employee Benefits and Executive Compensation: Preparing for 2027, Troutman Pepper Locke attorneys Emily Zimmer and Constance Brewster discuss key retirement plan developments plan sponsors and fiduciaries should have on their radar heading into 2027. Topics include implementation of the SECURE 2.0 catch-up contribution rules, the upcoming Saver’s Match program launching in 2027, the growing trend toward in-plan retirement income solutions and related fiduciary considerations, and critical plan administration checklist items such as mandatory auto-enrollment, long-term part-time employee eligibility, qualified long-term care distributions, and the looming December 31, 2026, SECURE 2.0 amendment deadline.

What Did the IRS Propose?

On August 11, 2026, the Internal Revenue Service (IRS) published a notice of proposed rulemaking (REG-101355-26) implementing new Internal Revenue Code (IRC) section 128, which governs employer contributions to Trump accounts.[1] The proposed regulations provide the first comprehensive regulatory framework for Trump account contribution programs — a key mechanism through which employers can assist employees in funding Trump accounts for their eligible children (or other eligible dependents).[2]

In this episode of Employee Benefits and Executive Compensation: Preparing for 2027, Jim Earle and Jeff Banish, attorneys in Troutman Pepper Locke’s Employee Benefits + Executive Compensation practice, break down Trump accounts, a new type of individual retirement account established under the One Big Beautiful Bill Act designed to build long-term wealth for children. Jim and Jeff walk through who qualifies as an eligible beneficiary, how accounts are established, key rules governing the growth period, including contribution limits and permitted investments, and the federally funded $1,000 pilot program contribution for children born between 2025 and 2028.

The IRS has extended the public comment period on its Employee Plans Compliance Resolution System (EPCRS) information collection through September 25, 2026. The extension provides plan sponsors, benefit administrators, and practitioners additional time to weigh in on an important correction program in the qualified retirement plan space. If you sponsor or administer a retirement plan or advise clients who do, this extension is an opportunity you should review seriously.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter examine the evolving issue of weight discrimination in the workplace. Joined by Lynne Wakefield, a partner in Troutman Pepper Locke’s Employee Benefits and Executive Compensation practice group, they draw on the medical drama The Pitt to discuss obesity, workplace bias, and legal protections. The discussion explores whether weight or obesity may be protected under federal, state, and local anti-discrimination laws, including the unsettled analysis under the Americans with Disabilities Act. They also address key employee benefits considerations surrounding GLP-1 weight-loss drugs. The episode offers practical guidance for employers navigating this complex intersection of workplace fairness and health benefits.

We have all been there. Whether it involves a birthday or a business meeting, everyone knows the feeling of scrambling to remember an important date. In the world of benefit plan notices, dates matter too. The small date imprinted in black ink on the corner of an envelope may dictate whether a tax return, important filing, or required notice is timely or late. If your organization mails anything related to employee benefits, this quiet but consequential rule change deserves your attention.

  • The DOL has proposed regulations intended to clarify and expand prior regulations addressing ERISA’s fiduciary duty of prudence for the selection of directed investment alternatives (DIAs) in participant-directed defined contribution plans (such as 401(k) plans).
  • The proposed regulations include an optional safe harbor intended to create a presumption
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On May 19, 2026, the Securities and Exchange Commission (SEC) proposed rule amendments that would significantly simplify executive compensation disclosure requirements for many public companies. The proposed rules would split public companies into large accelerated filers and non-accelerated filers. Non-accelerated filers would be subject to scaled executive compensation disclosure rules, similar to those presently applicable to emerging growth companies (EGCs), and they would not be required to conduct Say-on-Pay and related advisory votes. The SEC estimates that approximately 81% of public companies would be non-accelerated filers subject to these scaled disclosure rules. The remaining public companies would be large accelerated filers, representing the majority (about 93.5%) of public float, and they would remain subject to substantially the same executive compensation disclosure rules that currently apply to large accelerated filers.

Key Points

  • The Supreme Court held in M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund that MEPPs may adopt actuarial assumptions after the measurement date when calculating withdrawal liability.  
  • The decision allows MEPP actuaries to set or revise discount rates after the measurement date and apply them retroactively, so long as they are supported by data and actuarial standards.