Publications and Resources

Featured Publications

The Council regularly provides intelligence and analysis to its members and offers policy expertise to lawmakers and the general public.

Tuesday, April 16, 2024
Council tells House Subcommittee: ERISA 'foundation of employer-sponsored health care'
WASHINGTON, DC – In written statement sent to the U.S. House of Representatives Committee on Education and the Workforce Subcommittee on Health, Employment, Labor and Pensions, the American Benefits Council underscored the importance of the Employee Retirement Income Security Act of 1974 (ERISA) and its federal preemption standard, which provides the path to higher quality, lower cost care for millions of American workers and their families across the country."
Thursday, April 11, 2024
State- and City-Based Retirement Programs that Could Result in Mandates Imposed on Current Plan Sponsors (Courtesy of Davis & Harman LLP)
State-run and City-run Retirement Programs that Could Result in Mandates Imposed on Current Plan Sponsors
Friday, April 5, 2024
Council Comments on Anti-Abuse Rules Under Section 127 of SECURE 2.0
Council comments on anti-abuse rules under Section 127 of the SECURE 2.0 Act.
Monday, April 1, 2024
Council Comments on Proposed Regulations to Delaware's EARNS Program
Council comments on proposed regulations to Delaware's EARNS Program.
Friday, March 29, 2024
Council Comments on Automatic Portability Transaction Regulations
The Council's comments on the U.S. Department of Labor's proposed regulations that would implement the new statutory prohibited transaction exemption under Section 4975 of the Internal Revenue Code
Friday, March 22, 2024
Summary of Recent Class-Action Litigation Alleging Fiduciary Breaches Associated with Pension Risk Transfers
The filing of several class-action lawsuits in federal court appears to signal a new avenue for the plaintiffs' bar to allege fiduciary wrongdoing on the part of employee benefit plans, now related to the selection of an insurer for the purposes of executing a pension risk transfer.
Wednesday, March 20, 2024
Benefits Briefing Webinar Presentation: Recent Health Plan Litigation: What You Need to Know
Recent Health Plan Litigation: What You Need to Know
Thursday, March 14, 2024
Council Response to House Education and the Workforce Request for Information on ERISA
WASHINGTON, DC – In a written response to the U.S. House of Representatives Education and the Workforce Committee on March 14, the American Benefits Council described how ERISA – the landmark Employee Retirement Income Security Act of 1974 – is the bedrock upon which our successful employer-sponsored health and retirement benefits systems are built.
Friday, March 8, 2024
Benefits Briefing Webinar Presentation: Spring 2024 Legislative, Regulatory and Judicial Update
Benefits Briefing Webinar Presentation: Spring 2024 Legislative, Regulatory and Judicial Update
Thursday, February 29, 2024
Summary of GAO report on Tracking and Consolidating retirement savings
The Government Accountability Office made recommendations to Congress and three federal agencies to help 401(k) plan participants better keep track of their retirement savings.
Wednesday, February 28, 2024
Strengthening defined benefit pension system will enhance retirement security for many; Council submits recommendations to HELP Committee
WASHINGTON, DC – "The solution to America's retirement savings shortcomings is not to turn away from the employer-sponsored retirement system, but to build upon it – including bold measures to strengthen defined benefit benefit plans," said Lynn Dudley, American Benefits Council senior vice president, global retirement and compensation policy.
Wednesday, February 28, 2024
Summary of U.S. District Court for the Northern District of Texas Ruling in Spence v. American Airlines
In a ruling with alarming implications for employer-sponsored retirement plans, the U.S. District Court for the Northern District of Texas has allowed a case to advance alleging fiduciary violations in connection with a company's stated commitment to environmental, social and governance goals (ESG). A detailed summary of the ruling is available for Council members.
Wednesday, February 14, 2024
Council Letter of Support for the Preventive Health Savings Act (H.R. 766)
Part of the American Benefits Council's drive for health care cost control is the promotion of preventive care, which helps address health challenges before they become chronic and more expensive to treat. A new, bipartisan effort in Congress, supported by the Council, aims to improve the legislative environment for measures that would advance preventive care.
Monday, February 5, 2024
Benefits Briefing Presentation Slides: Updating State Activity Affecting Health Plans
Benefits Briefing Presentation Slides: Updating State Activity Affecting Health Plans
Wednesday, January 31, 2024
Supporting private plans, harmonizing state laws key to expanding paid family, medical leave
WASHINGTON, DC – "To reach the goal of expanding access to paid leave for all Americans, federal legislative solutions must support and leverage employer-provided paid leave benefits," Ilyse Schuman, the Council's senior vice president, health and paid leave policy, wrote in a letter to Congress on January 30. In turn, "to support and leverage employer-provided paid leave benefits, it is critical that federal legislation promote the harmonization of existing and potential forthcoming state paid leave programs so that multi-state employers can treat their employees equitably across the country."
Friday, January 26, 2024
Council Comments to IRS Regarding Proposed Long-Term, Part-Time Employee Rules for 401(k) Plans
In a January 26 letter to the Internal Revenue Service (IRS), the American Benefits Council expressed concern that the agency's proposed rules for long-term, part-time (LTPT) employees will limit retirement plan participation opportunities for these employees and could increase costs and administrative burdens for employer plan sponsors.
Wednesday, January 24, 2024
Summary of RFI for SECURE 2.0 Provision Requiring Review of Reporting and Disclosure Requirements
U.S. Department of Labor Employee Benefits Security Administration , the U.S. Treasury Department and Internal Revenue Service, and the Pension Benefit Guaranty Corporation jointly issued a request for information soliciting public input as the agencies review the current reporting and disclosure requirements for retirement plans under ERISA and the Internal Revenue Code.
Monday, January 22, 2024
Summary of DOL Guidance on Pension-Linked Emergency Savings Accounts
The U.S. Department of Labor, in consultation with the Treasury Department and Internal Revenue Service, released a set of frequently asked questions (FAQs) on pension-linked emergency savings accounts.
Wednesday, January 17, 2024
Summary of House Financial Services Committee Subcommittee on Capital Markets Hearing on the DOL's Fiduciary Rule
Summary of the U.S. House of Representatives Financial Services Committee's Subcommittee on Capital Markets hearing, examining the U.S. Department of Labor fiduciary rule's Implications for retirement savings and access
Friday, January 12, 2024
Council Comments on SECURE 2.0 Technical Corrections Act Discussion Draft
The American Benefits Council has offered feedback on a bipartisan discussion draft of the SECURE 2.0 Technical Corrections Act, legislation to address certain outstanding issues related to the 2022 retirement savings law that is now being implemented.