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.

Wednesday, May 27, 2020
DOL/EBSA Final Regulations on Default Electronic Disclosure by Retirement Benefit Plans under ERISA
The U.S. Department of Labor today announced publication of a final rule that expands the ability of private sector employers to communicate retirement plan information online or by email. The rule allows employers to deliver disclosures to plan participants primarily electronically, which will reduce printing, mailing, and related plan costs by an estimated $3.2 billion over the next decade. The rule will also make disclosures more readily accessible and useful for participants, but preserve the rights of those who prefer paper disclosures.
Thursday, May 21, 2020
Council Letter to Treasury and IRS Requesting Relief and Guidance on CARES Act Retirement Relief
This letter follows up on our March 26, 2020, and April 20, 2020, letters requesting the U.S. Treasury Department and Internal Revenue Service (IRS) to provide relief and guidance pursuant to their statutory authority that preceded the enactment of the CARES Act. Since that time, Treasury and IRS have responded to many of those requests, including an extension of certain retirement-related deadlines through IRS Notice 2020-23, specific extensions of the plan restatement deadlines that apply to 403(b) plans and pre-approved defined benefit plans, and FAQs on the CARES Act posted on the IRS website. The Council greatly appreciates all of this relief and guidance, especially in light of the difficult circumstances under which it was developed.
Thursday, May 21, 2020
DOL/EBSA Fact Sheet on Final Regulations on Default Electronic Disclosure by Retirement Benefit Plans under ERISA
Long-awaited final regulations have now been released by the U.S. Department of Labor's (DOL) Employee Benefits Security Administration (EBSA), expanding electronic disclosure for retirement plans. A fact sheet and news release are also available.
Tuesday, May 19, 2020
Employer/Health Care Purchaser Letter to Congress Regarding COVID-19 Policies
The undersigned organizations, representing many of the nation's leading private and public sector employers, write to offer our recommendations to ensure our employees, their families, and everyone in our country, is able to access high quality, affordable health care during the COVID-19 pandemic and after the pandemic ends.
Friday, May 15, 2020
Benefits Briefing Presentation Slides: COVID-19 Deadline Extensions and Other Regulatory Updates
Benefits Briefing Presentation Slides: COVID-19 Deadline Extensions and Other Regulatory Updates
Tuesday, May 12, 2020
IRS Notice 2020-33: COVID-19 Guidance Under Section 125 Cafeteria Plans And Related To High-Deductible Health Plans
IRS Notice 2020-29: COVID-19 Guidance Under Section 125 Cafeteria Plans And Related To High-Deductible Health Plans
Tuesday, May 12, 2020
Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act (H.R. 6800) Section-by-Section Summary
Democratic lawmakers in the U.S. House of Representatives opened negotiations over the next phase of coronavirus relief legislation on May 12 by releasing the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act (H.R. 6800).
Tuesday, May 12, 2020
Health Care Protection Act (Davis)
Health Care Protection Act (Davis)
Tuesday, May 12, 2020
Summary of IRS Notices 2020-29 and 2020-33: Guidance on Cafeteria Plans, Health FSAs and Dependent Care FSAs
Summary of IRS Notices 2020-29 and 2020-33: Guidance on Cafeteria Plans, Health FSAs and Dependent Care FSAs
Friday, May 8, 2020
Council Letter to Congress Urging Pension Funding Reforms
We urge Congress to include the funding reforms from the House version of the CARES Act, which would greatly enhance American companies' ability to invest in their employees and their businesses in this critical time.
Friday, May 1, 2020
Group Letter to OMB Urging Publication of Final Electronic Disclosure Rules
In a May 1 letter to the White House Office of Management and Budget (OMB), the Council and 14 other business and trade associations called on the Administration to "expeditiously finalize" regulations expanding electronic disclosure for retirement plans.
Friday, May 1, 2020
Summary of COVID-19-Related Regulatory Guidance Delaying Certain Participant, Plan Deadlines
In a series of documents released on April 28, the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), along with other agencies, announced timing extensions to a host of deadlines for plans and participants that apply during the coronavirus/COVID-19 outbreak period.
Wednesday, April 29, 2020
DOL/Treasury Notification of Relief Providing Extension of Certain Timeframes for Employee Benefit Plans, Participants and Beneficiaries Affected by COVID-19 Outbreak
DOL/Treasury Notification of Relief Providing Extension of Certain Timeframes for Employee Benefit Plans, Participants and Beneficiaries Affected by COVID-19 Outbreak
Tuesday, April 28, 2020
DOL COVID-19 FAQs for Participants and Beneficiaries
DOL COVID-19 FAQs for Participants and Beneficiaries
Tuesday, April 28, 2020
EBSA Disaster Relief Notice 2020-01: Guidance and Relief for Employee Benefit Plans Due to COVID-19 (Novel Coronavirus) Outbreak
EBSA Disaster Relief Notice 2020-01: Guidance and Relief for Employee Benefit Plans Due to COVID-19 (Novel Coronavirus) Outbreak
Thursday, April 23, 2020
Funding rules could result in $24 billion diverted from economic recovery, almost 500K lost jobs
The American Benefits Council has completed the first study of the effects of the current health and economic crises on the defined benefit plan system, with sobering results. "Among the many devastating effects of the ongoing pandemic is the profound harm inflicted on employee pensions," said Lynn Dudley, senior vice president, global retirement and compensation policy. "Without swift intervention by Congress, this damage could pose a serious impediment to our economic recovery."
Monday, April 20, 2020
Council Letter to Treasury Regarding Notarization Rules
We are writing to highlight an issue of increasing importance to families across the country. The regulatory rule requiring spousal consent to be witnessed in the physical presence of a plan representative or notary is clearly not suited to the current environment where requiring such physical presence can jeopardize the health of Americans across the country. In fact, as discussed further below, for safety reasons, the Federal Thrift Savings Plan (TSP) has just waived the requirement that spousal consent be notarized at all. Private-sector families deserve safety protections just like federal workers. Accordingly, we ask you to consider providing for private-sector families' protections, as the TSP has done for federal workers.
Monday, April 20, 2020
Council Letter to Congress Regarding Notarization Rules
We are writing to highlight an issue of increasing importance to families across the country. There is an acute need to update a rule requiring spousal consent to certain pension plan distributions to be witnessed in the physical presence of a plan representative or notary; such a physical presence requirement is directly contrary to the critical health needs of the country. In fact, as discussed further below, for safety reasons, the Federal Thrift Savings Plan has just waived the requirement that spousal consent be notarized at all. Private-sector families deserve safety protections just like federal workers.
Friday, April 17, 2020
Benefits Briefing Presentation Slides: Ask the Experts: Coronavirus, Health Plans & Paid Leave
The American Benefits Council will hold a 90-minute Benefits Briefing webinar on Friday, April 17, at 2 p.m. Eastern Time, to discuss the top questions and issues that have arisen with respect to health plans and paid leave programs in light of the coronavirus pandemic, as well as subsequent relief measures and regulatory guidance.
Wednesday, April 15, 2020
Benefits Briefing Webinar Ask the Experts: Coronavirus, Health Plans and Paid Leave Programs
The American Benefits Council will hold a 90-minute Benefits Briefing webinar on Friday, April 17, at 2 p.m. Eastern Time, to discuss the top questions and issues that have arisen with respect to health plans and paid leave programs in light of the coronavirus pandemic, as well as subsequent relief measures and regulatory guidance. Katy Johnson, senior counsel, health policy, and Ilyse Schuman, senior vice president, health policy, will moderate the webinar, featuring guest speakers Seth Perretta, Lisa Campbell and Katie Bjornstad Amin, principals with Groom Law Group, Chartered.