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HR Review
May 2026

Moving Forward, Together

Group of colleagues engaging in a discussion during a business meeting in a conference room. Happy business people, men and women, collaborating and working towards their shared goals.

As part of the ongoing transition to Brown & Brown, Risk Strategies has officially updated its website.

While eBen Benefits will follow later this summer, you may notice small updates to our website and communications as we move toward full integration.

In the meantime, we’ll be sharing more from the Brown & Brown network — including the Benefits Breakdown Podcast made available in this May newsletter— giving you early access to the expanded resources and expertise ahead!

More to come!

The eBen Team

ERISA Form 5500 Compliance Deadline is July 31, 2026

Employers with 100 or more participants in ERISA-governed health and welfare plans must file Form 5500 by July 31, 2026, for the 2025 calendar year. An automatic extension to October 15, 2026, is available via Form 5558. While small unfunded or insured plans are exempt, failing to file carries steep DOL penalties of up to $2,739 per day. Prepare early or utilize the DFVCP to minimize any fines for late submissions today.

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JPMorgan ERISA Fiduciary Lawsuit Survives Dismissal

A federal judge recently allowed an ERISA prohibited transaction claim against JPMorgan to proceed, highlighting growing legal risks for employer group health plan sponsors. While fiduciary breach claims regarding pharmacy benefit management were dismissed as non-fiduciary plan design functions, the surviving claim strongly emphasizes the need to monitor PBM compensation closely. Review your fiduciary duties and PBM contracts today.

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CMS Finalizes 2027 Medicare Part D Coverage Changes

CMS released its final rule for 2027 Medicare Part D creditable coverage, introducing two major changes for employer plans. First, account-based plans like HRAs, ICHRAs, FSAs, and HSAs are officially exempt from providing the annual Notice of Creditable Coverage. Second, CMS is retiring the current simplified determination method. The revised method requires plans to cover at least 73% of participant prescription drug expenses.

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Benefits Breakdown Podcast: Fiduciary Reality Check

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In the latest Benefits Breakdown podcast, expert Jessie Campbell explores the rising fiduciary and compliance risks facing employer health and welfare plans. As governance standards shift, employers must adapt by formalizing benefits committees, benchmarking fees, and managing emerging risks like GLP-1s. While many employers are on the right track, strict documentation and disciplined processes are now essential to minimize risk.

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We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer which are AARP/United HealthCare, Alignment Health, AETNA, Anthem / BCBS, Cigna, GTL, Humana, Mutual of Omaha, Silver Scripts and WellCare. Please contact Medicare.gov, call 1-800-MEDICARE or contact SHIP to get information on all of your options.

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