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 2026. This episode distills what’s changing, who’s affected, updated limits for 2026, and practical steps plan sponsors should take now to prepare for 2026.
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 found to have breached their ERISA fiduciary duty of loyalty based primarily on conduct related to proxy voting of securities held in certain of the 401(k) plans’ investment funds. At that time, the court left open the question of whether the breach resulted in any damages to the participants.
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 Income Security Act of 1974 (ERISA)? For the reasons discussed below, the DOL answered, no, the RSUs are not subject to ERISA.
Long-Term Part-Time Employee Eligibility Rules Now in Effect
In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE 2.0. They discuss the significant changes brought by these rules, the proposed regulations issued to clarify how these rules are applied, and the steps company-sponsored plans should be taking now.
Employee Benefits and Executive Compensation: Getting Ready for 2024 – Qualified Plans
In the inaugural episode of Troutman Pepper’s three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield, Constance Brewster, and Brianna Hourihan discuss recent legislative developments and pressing issues in the qualified retirement plan space. They delve into the key provisions of SECURE 2.0, proposed regulations on the use of forfeitures, the expansion of the Employee Plans Compliance Resolution System (EPCRS), and recent litigation trends, as well as year-end administrative tasks.