EBSA’s 2026 agenda: what employers should watch

On July 3, 2026, the Trump administration released its 2026 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions (the Agenda), which sets out its regulatory priorities and planned activities for the year ahead. The Agenda covers every federal agency with new regulations under development or review, including the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA).

EBSA’s plan focuses mostly on retirement plan compliance, including fiduciary responsibilities for selecting investments. It also includes several priorities that affect welfare benefit plans.

Here is what EBSA has planned for welfare benefit plans:

• A proposed rule on default electronic disclosures would make it easier and less costly for employers and other plan fiduciaries to produce and distribute group health plan disclosures. EBSA issued this proposed rule on July 23, 2026.
• A proposed rule under the Mental Health Parity and Addiction Equity Act (MHPAEA) would clarify parity obligations for health plans and health insurance issuers and reduce their compliance burden.
• A proposed rule would add guidance and flexibility for individual coverage health reimbursement arrangements (ICHRAs).
• A final rule would require pharmacy benefit managers (PBMs) to disclose their compensation to fiduciaries of self-insured group health plans.

EBSA is also expected to finalize a proposed rule creating a new category of limited excepted benefits that employers can use to offer fertility benefits.

Does the Agenda change what employers must do today?

No. The Agenda describes what regulators plan to do, not what employers owe today. Until the rules are formally changed through final rulemaking or another regulatory action, all existing rules and compliance requirements stay in place.

DOL: employer contributions to Trump Accounts generally do not create an ERISA plan

On June 17, 2026, the DOL issued (Technical Release 2026-02), which addresses whether Trump Accounts may be employee pension benefit plans subject to the Employee Retirement Income Security Act (ERISA). That includes accounts employers fund through a Trump Account Contribution Program under Section 128(c) of the Internal Revenue Code.

A Trump Account is a new type of savings vehicle for children. For tax purposes, the accounts are treated much like traditional individual retirement accounts (IRAs), with special rules that apply during a growth period. That growth period ends Dec. 31 of the year before the calendar year in which the child turns 18.

Employers can contribute to Trump Accounts through a Trump Account Contribution Program. Contributions are limited to $2,500 per employee per year, subject to cost-of-living adjustments after 2027.

Technical Release 2026-02 provides that Trump Accounts and Trump Account Contribution Programs generally will not be employee pension benefit plans subject to ERISA. Under the guidance:

• Employer contributions made only during the growth period generally will not result in ERISA coverage for a Trump Account or for the contribution arrangement.
• Beyond an account beneficiary’s growth period, employers should limit their involvement in line with the payroll safe harbor conditions for IRAs in 29 CFR 2510.3-2(d) to avoid ERISA status.

Frequently asked questions

When was the 2026 Unified Agenda released? The Trump administration released the 2026 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions on July 3, 2026.

Do employers need to change their compliance practices now? No. The Agenda signals future rulemaking only. Existing rules and compliance requirements remain in effect until they are formally changed.

Can employers contribute to Trump Accounts without creating an ERISA plan? Generally, yes. Technical Release 2026-02 provides that contributions made during the growth period will not usually trigger ERISA coverage, as long as employer involvement afterward stays within the payroll safe harbor conditions for IRAs.

How much can an employer contribute to a Trump Account? Up to $2,500 per employee per year, subject to cost-of-living adjustments after 2027.

The Bright Side

Regulatory change is easier to handle when you don’t have to track it alone. Daybright helps employers stay ahead of benefits and retirement rule changes and turn them into practical next steps, through one partner for Employee Benefits, Retirement, Compliance, and Individual Financial Planning. Wondering what these proposed rules could mean for your plans? Contact us

This post is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Content sourced from Zywave.

• Category: News
• Tag: Compliance, Employee Benefits