Employee Benefits
2026 Benefits State of the Union: High-Cost Drugs and What They Mean for Your Health Plan
According to Mployer Insights’ 2026 analysis of 50,000+ employer health plans, prescription drugs account for over 25% of total benefit expenses, with Tier 4 specialty drugs driving the majority of high-cost claims. While Tier 4 copays average $123 with coinsurance requirements in 31% of plans, individual oncology therapies like Darzalex Faspro ($170,800/yr) and Keytruda ($158,200/yr) frequently exceed average individual stop-loss deductibles ($141,938). To mitigate exposure, self-funded employers are increasingly turning to independent, transparent PBM models and biosimilar substitution—which yields up to a 73% net cost reduction per patient.
August 9, 2026

The Likely Fastest-Growing Line in Your Benefits Budget

Modern medicine has produced remarkable advances. Cancer therapies that were not available five years ago are now extending and saving lives. Treatments for autoimmune diseases, multiple sclerosis, and rare genetic conditions are giving employees and their families real options where few existed before. As an employer, providing access to these treatments through your benefit plan is one of the most meaningful things your organization does for the people who work there.

It also comes with a financial reality that every benefits decision maker needs to understand clearly. Over 25% of total employer health benefit expenses are now driven by prescription drugs, and within that figure, a small number of specialty drugs account for an outsized share of the cost. A single covered employee on an oncology therapy can generate $100,000 to $170,000 or more in annual drug spend. A handful of members on these treatments can represent a larger budget impact than the entire pharmacy spend of the rest of your workforce combined. The goal is not to restrict access to these medications. The goal is to understand how the system works, how costs flow, and how to structure your plan so that both your employees and your organization are best positioned for the long term.

This piece covers how the pharmacy benefit system works, how your plan’s tier structure determines who pays what, how stop-loss insurance interacts with high-cost drug claims, and what employers can do to manage this exposure thoughtfully.

The tier structure in the chart above reflects how plans already account for the cost complexity of specialty drugs. Tier 4, which is where specialty biologics and injectables are typically placed, carries significantly higher cost-sharing than the other tiers: an average employee copay of $123 and coinsurance requirements in 31% of plans. But Tier 4 behaves very differently from the other tiers. On Tier 1, 2, and 3 drugs, cost-sharing is relatively predictable and manageable. On Tier 4, the combination of high drug cost and percentage-based coinsurance can generate out-of-pocket exposure that approaches or exceeds a patient’s annual out-of-pocket maximum in a single month of therapy. How Tier 4 is structured, what controls are in place, and how the plan manages cost is one of the most consequential design decisions an employer makes.

Understanding Your Benefit Plan’s Pharmacy Options

How Pharmacy Benefit Managers Work

Most employer health plans do not manage pharmacy benefits directly. That function is delegated to a Pharmacy Benefit Manager, or PBM, which acts as the intermediary between the health plan, the pharmacy, and the drug manufacturer. The PBM builds and maintains the formulary, negotiates drug prices and rebates with manufacturers, contracts with pharmacy networks, and processes pharmacy claims. The three dominant PBMs, Express Scripts (owned by Cigna), CVS Caremark (owned by CVS Health / Aetna), and OptumRx (owned by UnitedHealth Group), together manage the pharmacy benefits of approximately 80% of covered lives in the United States. Each is affiliated with a major carrier, meaning that employers who use an ASO medical arrangement often default to the carrier’s affiliated PBM without realizing it. Independent PBMs such as Capital Rx, Navitus, and MedOne Pharmacy Benefit Solutions operate on transparent, pass-through pricing models that return all rebates to the plan rather than retaining them as PBM revenue. PBMs are compensated through administrative fees, spread pricing (charging the plan more than the pharmacy receives and keeping the difference), manufacturer rebates in exchange for formulary placement, and specialty pharmacy margin. For any employer managing meaningful specialty drug spend, understanding which of these revenue sources applies to your contract is essential.

How Drug Tiers and Cost-Sharing Work

Every pharmacy benefit plan organizes covered drugs into tiers, with cost-sharing that increases as you move from Tier 1 generics (avg. $12 copay) through Tier 2 preferred brands ($40), Tier 3 non-preferred brands ($71), and into Tier 4 specialty drugs ($123 copay, with coinsurance in 31% of plans). The tier placement of a drug affects both what the employee pays and, indirectly, what the plan pays, since tier placement drives utilization patterns. Plan sponsors have real levers here: step therapy (requiring a patient to try a lower-cost drug first), prior authorization, specialty pharmacy channel mandates, and formulary exclusions all affect Tier 4 cost without eliminating clinical access. These controls require balancing cost management with the reality that for many specialty drugs, no lower-cost alternative achieves the same clinical outcome.

How Stop-Loss Insurance Interacts with High-Cost Drug Claims

For self-funded employers, specialty drug claims are now among the most common triggers for individual stop-loss reimbursement. A single employee on a cancer therapy or rare disease treatment can generate pharmacy claims that exceed the plan’s specific stop-loss deductible, which averages $141,938 nationally for self-insured plans, within a single plan year. The mechanics: the employer pays all claims up to the deductible threshold, and the stop-loss carrier reimburses costs above it. Several dynamics are specific to high-cost drugs. At renewal, stop-loss carriers may laser a known high-cost member by raising their individual deductible or excluding them from coverage. Some carriers now specifically carve out GLP-1 medications or other high-utilization drug categories from stop-loss reimbursement, so employers adding new drug coverage should verify what their contract covers. Specialty drugs can also be administered under either the pharmacy benefit or the medical benefit depending on whether they are self-administered or clinic-administered, and some stop-loss contracts apply different terms to each channel. Employers should model their actual specialty drug cost distribution against their stop-loss deductible at every renewal to understand where the plan’s real exposure sits.

The Costliest Specialty Drugs: What They Treat and What They Cost

The chart below shows the highest-cost specialty and biologic drugs by average cost per patient, ranked from most to least expensive. Cancer therapies dominate the top of the list, but treatments for autoimmune conditions, MS, and inflammatory disease also appear, reflecting how broadly specialty drug spending is distributed across a workforce.

  • Darzalex Faspro (daratumumab/hyaluronidase) | $170,800 avg. annual cost per patient. Janssen (J&J). Multiple myeloma, a blood cancer. The highest-cost drug on the list by average patient cost. The subcutaneous formulation allows home administration, increasing the likelihood it flows through the pharmacy benefit rather than the medical benefit.
  • Keytruda (pembrolizumab) | $158,200 avg. annual cost per patient. Merck. FDA-approved across more than 40 cancer indications including lung, melanoma, head and neck, and bladder cancers. One of the most prescribed oncology drugs globally and one of the most common high-cost pharmacy claims in large employer plans.
  • Yervoy (ipilimumab) | $149,800 avg. annual cost per patient. Bristol-Myers Squibb. Melanoma and in combination with Opdivo for lung and other cancers. Combination Yervoy plus Opdivo therapy is among the highest per-patient drug cost regimens in common use.
  • Enhertu (trastuzumab deruxtecan) | $139,800 avg. annual cost per patient. AstraZeneca / Daiichi Sankyo. HER2-positive and HER2-low breast and gastric cancers. A significant recent clinical advance for patients with cancers that previously had limited options after first-line treatment.
  • Opdivo (nivolumab) | $135,600 avg. annual cost per patient. Bristol-Myers Squibb. Melanoma, lung, kidney, bladder, and other cancers. Frequently used in combination with Yervoy, compounding cost significantly when both are prescribed together.
  • Ocrevus (ocrelizumab) | $106,200 avg. annual cost per patient. Genentech. Relapsing and primary progressive multiple sclerosis. MS therapies are a persistent specialty drug cost driver because patients remain on therapy for years, making each diagnosed member a multi-year plan cost.
  • Entyvio (vedolizumab) | $56,600 avg. annual cost per patient. Takeda. Moderate-to-severe Crohn’s disease and ulcerative colitis. Inflammatory bowel disease therapies are among the most common specialty drug claims in employer plans because the conditions are prevalent in working-age adults.

Biosimilars: The Cost Opportunity Most Employers Are Not Fully Using

A biosimilar is a biologic drug that is highly similar to an already-approved reference biologic, with no clinically meaningful differences in safety, purity, or potency. Biosimilars are not generic drugs in the traditional sense, because biologic drugs are complex proteins manufactured from living cells and cannot be chemically replicated exactly. But they go through an FDA approval pathway that confirms their clinical equivalence to the reference product, and they cost significantly less. The biosimilar market has expanded rapidly as major biologic patents have expired. Humira, the world’s best-selling drug for much of the past decade, now has multiple biosimilar competitors in the U.S. Stelara has followed. The oncology biosimilar pipeline is maturing, with more approvals expected in the next two to three years.

The chart above shows what biosimilar substitution looks like in dollar terms. For Humira, the net price after rebates and negotiated discounts is $2,370 per box. The biosimilar Yusimry has an estimated net price of $635, a 73% reduction. For Stelara, the reference drug net price is $7,636 per box. The biosimilar Starjemza has an estimated net price of $4,010, a 47% reduction. For an employee on monthly Humira therapy, the difference between the reference drug and the biosimilar is approximately $21,000 per year in net plan cost. For a Stelara patient, the annual difference is approximately $43,500. Across even a small number of members on these therapies, biosimilar substitution is one of the highest-return cost management interventions available.

Plan sponsors have four main tools to drive biosimilar adoption: preferred formulary placement (putting the biosimilar on a lower tier and the reference drug on a higher tier), step therapy for new patients, automatic substitution where state law permits, and formulary exclusion of the reference drug entirely. The most important variable in any biosimilar strategy is whether your PBM has a financial incentive to keep the reference drug preferred. A PBM earning a large rebate on Humira has a direct financial reason to keep Humira on the preferred formulary, even when the biosimilar costs the plan less on a net basis. Independent PBMs operating on pass-through pricing remove this conflict entirely, because all rebates return to the plan and formulary decisions are made without a competing financial interest.

What Employers Should Be Asking About Their Pharmacy Benefit

High-cost drug management requires active decisions about PBM contract structure, formulary design, specialty pharmacy strategy, and stop-loss alignment. The questions worth asking at every renewal:

  • Is your PBM contract pass-through or spread-based? A pass-through model means you pay exactly what the pharmacy receives and all rebates come back to the plan. A spread-based model means the PBM earns revenue that is not visible in the administrative fee. Request full compensation disclosure under the CAA requirements.
  • Are you receiving all available biosimilar savings? Ask your PBM for a net cost comparison of each reference drug plus rebate against the available biosimilar net price. The answer will tell you whether your formulary is designed around the plan’s cost interest or the PBM’s rebate interest.
  • What is your specialty drug channel strategy? Are specialty prescriptions being filled through your PBM’s affiliated specialty pharmacy? Carving specialty to an independent pharmacy or using a white-bagging program for clinic-administered drugs can generate meaningful cost differences.
  • How does your stop-loss deductible interact with your specialty drug exposure? Model your actual specialty drug claims against your stop-loss threshold. If most of your high-cost drug claims fall below the deductible, the plan is absorbing those costs without triggering reimbursement.
  • Does your formulary have appropriate Tier 4 controls? Step therapy, prior authorization, and quantity limits on specialty drugs reduce cost without eliminating clinical access. Without these controls, high-cost therapies can be approved and dispensed without any plan-level review of whether a lower-cost alternative exists.

Know How Your Pharmacy Benefit Compares

Pharmacy is now one of the two or three most consequential cost management decisions in health plan design. The employers managing it well are not restricting access to the medications their employees need. They are ensuring that the structure of the benefit, the PBM contract, the formulary design, and the stop-loss coverage work together in the plan’s interest, and that every dollar spent on high-cost drugs is spent as efficiently as possible.

Mployer’s benefits rating evaluates pharmacy benefit design as part of the Medical pillar score, benchmarked against a custom cohort matched by size, region, and industry. Knowing where your pharmacy benefit stands relative to employers who actually look like you is the starting point for making better decisions.

See how your benefits package compares to your custom cohort at MployerAdvisor.com.

Sources

Mployer Insights: Average Spend by Setting, Prescription Structure, and High-Cost Specialty Drugs. Source: Mployer Insights analysis.

MedOne Pharmacy Benefit Solutions: Biosimilar substitution impact data for Humira/Yusimry and Stelara/Starjemza. MedOne is a leading independent PBM focused on improving health outcomes and reducing net costs for self-funded employers. [email protected].

Mployer 2025 and 2026 Employee Benefit Plan Design Study, covering 50,000+ employer plans. Individual stop-loss avg $141,938 self-insured.

Consolidated Appropriations Act of 2021, Section 202: broker/consultant compensation disclosure requirements for group health plans.

FDA Biosimilar approval framework: 42 U.S.C. Section 262(k).

Mployer Announces 2023 Winners of Third Annual ‘Top Employee Benefits Consultant Awards’ in the New York, NY Area
Nashville, Tenn.– October 26, 2023 – Mployer, the leading independent platform for employers to research, review, and evaluate insurance brokers has named over 500 winners across more than 50 regions as part of its third annual “Top Employee Benefits Consultant Awards” for 2023. Mployer's Top Employee Benefits Consultant Award Program evaluates brokers based on breadth and depth of experience across employer industries, sizes, insurance products, and employer reviews.
October 26, 2023

Nashville, Tenn.– October 26, 2023 – Mployer, the leading independent platform for employers to research, review, and evaluate insurance brokers has named over 500 winners across more than 50 regions as part of its third annual “Top Employee Benefits Consultant Awards” for 2023. Mployer's Top Employee Benefits Consultant Award Program evaluates brokers based on breadth and depth of experience across employer industries, sizes, insurance products, and employer reviews. We recognize esteemed brokers that demonstrate market-leading competencies and a proven track record of success among employers, insurance providers, and peers.

Our team is proud to recognize this group of 2023 top-rated insurance advisors as part of our third annual Top Employee Benefits Consultant Awards,” said Brian Freeman, the Founder and CEO of Mployer. “Employer-sponsored healthcare and benefits cover over 150M Americans. Who an employer selects as their benefits advisor has more impact on employee cost and satisfaction with their healthcare than who an employer chooses as the insurance carrier. We have rated these brokerages utilizing sophisticated, industry-first algorithms, and we applaud the winners’ demonstrated commitment to service, quality, and positive employer feedback.”

Mployer determined the winners of the third annual “Top Employee Benefits Consultant Award” by analyzing each brokerage based on historical data, online reviews, their M Score rating, and demonstrated business experience.

The New York, NY area job market is competitive in the U.S. Northeast, employing more than 10 million people. Offering competitive employee benefits is a critical factor in hiring top talent for the region’s employers. Finding and partnering with a highly rated insurance consultant is imperative to retaining talent in any market.    

The recipients of the 2023 “Top Employee Benefits Consultant Awards” for the New York, New York area are as follows:  

 


The above winners are a snapshot of Mployer's matrices and proprietary M Score on June 15, 2023. To view a full list of consultants in the New York City area, visit MployerAdvisor.com.  

About Mployer:  

Mployer is changing the way employers search, evaluate, and select insurance advisors. The intuitive platform connects employers and employees to great benefits and insurance plans by providing employers with actionable data to easily evaluate and select the best advisor for a company’s specific needs. Most brokerages have a profile on Mployer, which provides independent ratings of insurance advisors to support employers. Insurance brokers cannot pay to influence their Mployer rating. Only highly rated brokerages are allowed to advertise on the platform. To learn more about Mployer, visit https://mployeradvisor.com and follow us on LinkedIn.  

Disclaimer: Rankings are dynamic, and this report may not reflect the rankings currently listed on Mployer's website. Because Mployer research is ongoing, interested companies that want to join next year’s list are encouraged to claim their free profile on Mployer.

Media Contact:  

Anthony Waters

[email protected]

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Employee Benefits
Studies Show Workers Comp Patients Are Faring Worse - The Question is 'Why'?
A pair of studies seem to indicate that workers compensation patients are having worse post-surgical outcomes than non-workers compensation patients who undergo the same procedures. 
September 26, 2023

Two recent peer reviewed studies have come to the same conclusion - the workers compensation patients that they assessed were having worse post-surgical outcomes than non-workers compensation patients who underwent the same procedures. 

Even though the workers compensation patients in the study were younger and in some ways healthier on average than the non-workers compensation group, in the year that followed their surgical operation, the workers compensation patients had lower return-to-work rates and reported a greater degree of pain and disability as well.

To be clear, these studies were published in the peer-reviewed Journal of Neurosurgery focusing on the spine and involved nearly 10 years of data from a large number of hospital systems, encompassing almost 40 thousand patients who underwent surgeries on a particular area of their lower spinal columns. 

That said, there doesn’t seem to be a readily apparent cause that links these spinal injuries/procedures to the comparatively bad outcomes experienced by workers comp patients relative to the non-workers comp counterparts who had the same medical issue and received the same type of care to correct it. While the workers compensation group had greater proportions of patients who smoke and who are obese, whether or not a patient had workers comp status or not seems to have a greater correlation to these negative post-operation experiences.

The studies did suggest, however, that there could be a number of other factors that may very well have contributed to this phenomenon, including socioeconomic disparities between the workers comp and non-workers comp groups. Differing ranges of average injury severity between the groups could be influencing the results too.

Further, and perhaps most notably, there may also be differing incentives between workers comp and non-workers comp patients in assessing the severity of their injury and resulting disability in terms of maximizing disability payments and other related benefits that may become available as on-the-job injuries worsen. 

The authors note that additional study is necessary to evaluate the various factors that are causing these disparities in post-surgical responses between workers comp and non-workers comp groups in order to determine which factors are most responsible. Once the main causes are identified, they can then potentially be better addressed in order to minimize their negative impact, which is especially important in light of the additional treatment expenses incurred by workers comp patients on average, as well as the decreased quality of life and increased likelihood of developing pain-management-related addictions as well. 

You can read more about this topic here.

Employee Benefits
Benefit Spotlight: College Admissions Counseling
Hedge funds, investment banks, and other major financial players aren't the only employers that are offering these kinds of increasingly popular college-admissions-related benefits and perks anymore.
September 15, 2023

One of the latest benefits that has been growing in popularity among some of the top companies in the world is employers providing employees with special access to college admissions counselors. 

The increasing prevalence of college admissions counseling benefits also coincides with the general rising popularity of education-related employee benefits, with a growing number of employers already offering tuition assistance and/or student loan repayment help and guidance. 

Some companies that have added college admission counseling services to their employee benefits package offerings include JPMorgan Chase, American Express, Mastercard, and Johnson & Johnson.

While the practice of adding college admissions coaching has a longer history as a perk among hedge fund employees and other executives in the financial sector, the offering has seen much broader adoption in other industries in recent years as its effectiveness in attracting proactive, creative, and forward-thinking employees has been on display.

Further, given the high stakes and highly competitive college admissions environment, and given how the sometimes overwhelming nature of the application process can become somewhat all-consuming for applicants and their parents alike, offering benefits that can help both streamline that process and reduce the accompanying stress  can be a significant benefit to business productivity as well.

While critics of college admissions coaching as an employee benefit rightly point to the fact that these offerings can worsen inequalities that already exist in the college admissions process, including inequitable distribution of limited college admission coaching resources as is, the effectiveness of this kind of counseling and its scarcity both increase the value of their value as an employee perk.

Currently, most families in the US depend on the advice and advocacy of the college counselors provided by the public high school system, who only spend about 22% of their work hours on college admissions advising according to the National Association of College Admissions Advising. Given the available time and resources and in light of an already overwhelming case load, it has become essentially impossible for college counselors to provide personalized attention to every student. 

It’s also worth noting that one of the main reasons that personalized attention and the guidance of admissions counselors is at such a premium in the current admissions environment is the complexity of the admissions process itself. The colleges and universities themselves could take significant action to minimize the advantage that access to college counselors provides to applicants and close the outcome gap between the haves and have-nots simply by streamlining their own admissions requirements and updating their user interface to meet the abilities and expectations of their applicants without the assistance of third-party, professional help.

Often even more complex than the admissions process is the process of obtaining scholarships and financial aid. Finding applicable scholarships and/or other forms of financial assistance and then applying for those opportunities in such a way as to have a realistic chance of obtaining them is another area that admissions counselors can be crucial in navigating, which further exacerbates the inequality gap and places these forms of financial help further out of reach for those who need them most. 

Until more colleges and universities take those steps, however, the value of college admissions counseling services as an employee benefit will likely continue to grow as more and more companies and their employees take advantage of the opportunity.

You can read more about this topic here.

401(k) & Retirement
8 Common Mistakes to Avoid when Hiring a 401(k) Custodian
There are many regulatory and other duties that a 401(k) custodian must perform for a retirement plan that they manage. These requirements make hiring the right custodian a crucial decision that can impact the success and effectiveness of your company's retirement plan.
August 9, 2023

There are many regulatory and other duties that a 401(k) custodian must perform for a retirement plan that they manage. These requirements make hiring the right custodian a crucial decision that can impact the success and effectiveness of your company's retirement plan. A custodian is responsible for holding and safeguarding the plan assets, ensuring compliance with regulations, and providing essential administrative services.

Each of these makes a 401(k) plan custodian an essential part of the team that works to ensure that your plan is set up to best suit the needs of participants. To help you choose the right one for your plan’s unique needs, this article will cover 8 common mistakes to avoid when hiring a 401(k) plan custodian.

Not Conducting Adequate Research  

One of the most significant mistakes made by employers is not conducting thorough research on potential 401(k) custodians. Many simply seek out well-known financial institutions without fully exploring the other options that may be available to them, without even knowing if they will be the best fit.

Take the time to research and compare multiple custodians, considering factors such as their reputation, experience, service offerings, fees, and client reviews. An informed decision can lead to a more suitable custodian for your plan, especially for a small business that may be low on the priority list for a large financial firm.  

Failing to Understand Service Offerings  

401(k) custodians may offer a range of service options, from basic recordkeeping to more comprehensive plan administration and investment management. It's essential to understand the scope of services provided by each custodian and assess whether they align with your company's needs. Choosing a custodian that offers tailored solutions can significantly benefit plan participants and streamline plan management.

Overlooking Fee Structures  

The fees charged by 401(k) custodians can vary significantly and have a direct impact on the plan's overall costs and participant outcomes. Some custodians may have hidden fees or complex fee structures that can be challenging to understand. Look for transparent and competitive fee arrangements, and ensure you have a clear understanding of all costs involved.  

If you later find that the custodian you chose has hidden fees that change your cost/benefit analysis, it may be worth your effort to find a new one.

Ignoring Compliance and Regulatory Requirements  

401(k) plans are subject to various legal and regulatory requirements, including those set forth by the Internal Revenue Service (IRS), the Department of Labor (DOL), and the Employee Retirement Income Security Act (ERISA). Choosing a custodian that is experienced in retirement plan administration and compliance is critical. Failure to comply with regulations can result in costly penalties and liabilities for your company, even if done at the hands of your custodian. This makes it imperative to do your due diligence and find one who is dependable and has a history of meeting their requirements.

Not Considering Technology and User Experience  

A user-friendly and technologically advanced platform can greatly enhance the participant experience and encourage engagement with the retirement plan. Look for a custodian that offers a modern, intuitive, and accessible online interface for both employers and employees. A seamless user experience can lead to increased participation and better plan outcomes.  

Failing to Review Custodian's Reputation and Track Record  

A custodian's reputation and track record are indicative of their performance and commitment to client satisfaction. Consider reviewing client testimonials, case studies, and independent ratings to gauge the custodian's reliability and level of service. A custodian with a positive reputation and proven results is more likely to be a trustworthy and valuable partner.  

You may want to ask potential custodians for the contact information of their current or former clients. If they balk at the suggestion, that may be seen as a red flag that prevents you from getting firsthand testimonials of their performance.

Overlooking Customer Support and Accessibility  

Efficient and responsive customer support is essential when managing a retirement plan. Consider how accessible the custodian's support team is and how they handle inquiries and issues. Timely and helpful customer support can resolve problems quickly and ensure a positive experience for both employers and participants.  

Disregarding Fiduciary Services

 

Some custodians offer fiduciary services, which means they assume some or all of the fiduciary responsibilities for the plan. Engaging a custodian that acts as a fiduciary can provide an additional layer of protection for plan sponsors, as the custodian will share the responsibility of acting in the best interests of plan participants.  

The Bottom Line  

A 401(k) custodian has a major role to play in the administration and regulatory compliance of your plan. Choosing the right one that is the best fit for your plan is an important step in the process of building a plan for your employees, and should not be taken lightly.

Avoiding the common mistakes outlined above when hiring a 401(k) custodian is essential to establishing a successful and well-managed retirement plan. Conduct thorough research, understand the custodian's services and fee structures, ensure compliance with regulations, and prioritize customer support and user experience. A well-chosen 401(k) custodian can play a vital role in enhancing the retirement readiness of your employees and providing peace of mind for plan sponsors.

401(k) & Retirement
How Does ERISA Impact 401(k) Plans?
The Employee Retirement Income Security Act (ERISA) is a federal law that was enacted in 1974 to protect the rights and interests of employees who participate in most employer-sponsored retirement plans, including 401(k) plans. ERISA sets forth regulations and standards that govern the operation, administration, and fiduciary responsibilities of these plans.
August 9, 2023

The Employee Retirement Income Security Act (ERISA) is a federal law that was enacted in 1974 to protect the rights and interests of employees who participate in most employer-sponsored retirement plans, including 401(k) plans. ERISA sets forth regulations and standards that govern the operation, administration, and fiduciary responsibilities of these plans.

It is imperative that any employer who offers a retirement plan to their employees ensures that they have a team in place that complies with ERISA regulations and filing requirements. This law was put into place to protect retirement plan participants, and significant penalties may be levied if a plan falls out of compliance.

In the article below, we will explore how ERISA impacts 401(k) plans and the key aspects that employers, plan administrators, and participants should be aware of. 

What is ERISA? 

ERISA stands for the Employee Retirement Income Security Act, a federal law that establishes minimum standards for private-sector retirement plans. Its primary goal is to safeguard the retirement savings of employees by ensuring plan transparency, fiduciary responsibilities, and accountability. ERISA covers various types of retirement plans, including pension plans, profit-sharing plans, and 401(k) plans. 

How Does ERISA Work? 

ERISA sets forth comprehensive rules and regulations to protect participants in employer-sponsored retirement plans. It establishes guidelines for plan reporting, disclosure, and fiduciary responsibilities. ERISA also establishes the Pension Benefit Guaranty Corporation (PBGC), a government agency that provides insurance protection for certain defined benefit pension plans. 

Under ERISA, employers are required to provide participants with important information about their retirement plans, such as plan features, funding status, investment options, and fee disclosures. Employers must also meet specific fiduciary obligations, which involve acting in the best interests of plan participants and beneficiaries. 

The Relationship Between ERISA and 401(k) Plans 

ERISA applies to most 401(k) plans offered by private employers. The plans that do fall under its guidelines are subject to ERISA's provisions, including reporting and disclosure requirements, fiduciary responsibilities, and plan administration guidelines. ERISA helps ensure that employers and plan fiduciaries act prudently and in the best interests of the plan participants. These guidelines may seem like a headache to some, but they are in place purely to protect the employees who take part in employer-sponsored plans.  

401(k) Plan Fiduciary Duties Under ERISA Law 

ERISA imposes fiduciary duties on those who manage and control the operation of 401(k) plans. Fiduciaries are required to act solely in the interest of the plan participants and beneficiaries, following the highest standards of care, loyalty, and prudence. They must diversify plan investments to minimize the risk of large losses, ensure that plan expenses are reasonable, and provide participants with accurate and complete information about the plan. 

Fiduciaries are also responsible for selecting and monitoring investment options offered in the plan. They should act with diligence and expertise when choosing investment options, considering factors such as risk and return, diversification, and the needs and preferences of plan participants. 401(k) plans are not “one size fits all,” so the fiduciary must ensure that a plan is built in accordance with its participants’ needs.  

What Types of 401(k) Plans Are Not Covered by ERISA? 

While most 401(k) plans are subject to ERISA, there are certain types of plans that are exempt. Plans sponsored by governmental entities, such as state and local governments, are generally not covered by ERISA. Similarly, plans established and maintained by churches or religious organizations are also exempt from ERISA regulations. 

How to Know Whether Your 401(k) Plan is Covered by ERISA 

To determine whether your 401(k) plan is covered by ERISA, you can start by reviewing the plan documents provided by your employer. ERISA-covered plans are typically required to provide participants with a summary plan description (SPD), which outlines key features of the plan and includes information on ERISA coverage.

Additionally, if your plan includes employer contributions or is administered by a third-party administrator, it is more likely to be subject to ERISA regulations. It's important to note that ERISA provides certain rights and protections to plan participants, so understanding whether your plan is covered can help you assess your legal rights and access important information about your retirement benefits. 

The Bottom Line 

ERISA plays a vital role in regulating and protecting participants in most employer-sponsored 401(k) plans. It establishes guidelines for plan administration, fiduciary duties, reporting and disclosure requirements, and provides a framework for ensuring the financial security of employees' retirement savings.

By understanding the impact of ERISA on 401(k) plans, both employers and participants can make informed decisions and take advantage of the protections and benefits afforded by this important legislation. A retirement plan is meant to provide a benefit to employees and help secure their financial future. When ERISA guidelines are viewed through the lens of helping to protect the employees and their benefits, their need becomes much easier to understand.

401(k) & Retirement
How to Know When It's Time to Change 401(k) Advisors
An employer-sponsored 401(k) is one of the most popular retirement savings vehicles in America, but just having one doesn’t guarantee a fruitful retirement. While many individuals rely on 401(k) plans to secure their future, making the right decisions with your investments can mean the difference between a comfortable retirement versus having to work longer than one would like.
August 9, 2023

An employer-sponsored 401(k) is one of the most popular retirement savings vehicles in America, but just having one doesn’t guarantee a fruitful retirement. While many individuals rely on 401(k) plans to secure their future, making the right decisions with your investments can mean the difference between a comfortable retirement versus having to work longer than one would like.

Having a knowledgeable and trustworthy advisor who can guide you in making the right decisions can be the key to that difference. There are times when it becomes evident that an advisor is not serving you well as a client and a change in 401(k) advisors is necessary. In this article, we will discuss several key indicators that can help you identify when it may be time to begin the search to change your 401(k) advisor. 

Your Advisor is Not Sharing the Fiduciary Liability 

A fiduciary advisor is obligated to act in your best interest, putting your financial well-being ahead of their own. If your advisor does not explicitly acknowledge or fulfill this fiduciary duty, it may be a sign that they are not prioritizing your interests. Transparency and clear communication are essential when it comes to understanding the fiduciary relationship, so if you feel your advisor is not sharing this liability with you, it might be time to explore other options. 

Your Advisor is Not Providing Guidance on Plan Design and Oversight 

An experienced 401(k) advisor should go beyond simply recommending investments. They should also offer guidance on plan design and oversight, ensuring your retirement plan aligns with your goals and needs. If your advisor neglects these crucial aspects and fails to provide valuable input on optimizing your plan's structure and monitoring its performance, it may be an indication that they are not delivering the comprehensive support you require. 

Your Financial Situation is Changing, but the Advice Isn't 

As you progress through life, your financial situation is bound to change. Whether it's getting married, starting a family, or nearing retirement, these milestones necessitate adjustments to your retirement strategy. If your advisor fails to recognize and adapt to these changes, continuing to provide the same generic advice without considering your evolving circumstances, it may be a sign that they are not adequately attentive or responsive to your needs. 

At a minimum, your investment strategy should be changing as you draw nearer to retirement. In your early years, your portfolio can withstand a slightly higher level of risk (equities), as the market tends to perform in a cyclical nature. As you draw closer to retirement, your portfolio should be moving away from risk and towards safer investments that offer a level of protection against market downturns when you need your savings the most.

If your advisor is not rebalancing your portfolio as you get older, that is a sure sign that you may need to find another advisor who better understands risk mitigation in relation to your retirement horizon.

Financial Wellness Program is Lacking 

A robust financial wellness program is an essential component of a comprehensive retirement plan. It encompasses various aspects such as budgeting, debt management, and education on financial literacy. If your current advisor does not offer or actively promote a financial wellness program, it could indicate a lack of commitment to your overall financial health. Consider seeking an advisor who places importance on your holistic financial well-being and education. 

Your Plan Has a Confusing Fee Structure and Your Advisor isn't Helping 

A transparent fee structure is crucial for understanding the costs associated with your retirement plan. If your current plan has a convoluted fee structure that is difficult to comprehend and your advisor is not willing to explain it to you clearly, it raises concerns about their transparency and whether they have your best interests at heart. A trustworthy advisor should be forthcoming about all fees and actively address any queries or concerns you may have. 

If you discover hidden fees that change the overall costs of your investments as your plan progresses, that may present a red flag that should be addressed. An advisor’s fees may be negotiable, but hidden fees that weren’t previously disclosed may be reason enough to shop for a new advisor.

Your Advisor Only Calls to Buy or Sell 

Investment decisions should be based on careful analysis and alignment with your long-term goals, not on impulsive buy or sell recommendations. If your advisor only contacts you to push certain investments or suggest frequent trades without providing comprehensive explanations or reasoning, it could be a sign that they prioritize their own commission over your financial well-being. A reliable advisor should focus on your overall investment strategy rather than short-term gains. 

If this happens often, you could be in a situation in which your advisor is committing a practice called “churning.” This may fall under SEC Rule 15c 1-7, which governs any deceptive or manipulative conduct enacted by a broker. If you feel that your advisor is committing “churning” by overtrading your account to grow commissions, you may file a report with the SEC or FINRA.

Your Financial Advisor Doesn’t Listen to You 

Effective communication is crucial for a successful client-advisor relationship. If you find that your advisor consistently fails to listen to your concerns, goals, and preferences, it indicates a lack of attentiveness and understanding. Your advisor should actively engage in conversations, address your questions and doubts, and tailor their recommendations to your unique circumstances. 

You Feel Scared to Reach out to Your Financial Advisor 

Trust is the foundation of any professional relationship. If you feel hesitant or fearful to reach out to your financial advisor, it is a significant red flag. Open communication is vital for effective financial planning, and if you are uncomfortable discussing your concerns or seeking clarification, it may be a sign that you should consider finding an advisor with whom you can establish a more trusting and transparent connection. 

Some advisors prefer to use complicated financial lingo or explain things in overcomplicated ways to either keep their clients in the dark, beholden to the advisor's decisions, or in some cases purely to stoke their own ego. If your advisor makes you feel apprehensive about speaking with them because of the way they communicate, it isn’t likely to lead to a positive working relationship.  

The Bottom Line 

In order to achieve the best possible outcomes from your retirement planning efforts, you and your 401(k) advisor need to be able to work together as a team. If you observe any of the following warning signs, it may be time to reevaluate your relationship with your current advisor and explore other options that align better with your needs and goals:

  • A lack of fiduciary liability sharing
  • Insufficient guidance
  • Stagnant advice
  • Inadequate financial wellness programs
  • Confusing fee structures
  • Pushy investment decisions
  • Inattentiveness
  • Fear of reaching out

Making the right choice for your financial future is essential, and finding the right advisor is a crucial step toward achieving your retirement aspirations. If you find that any of the warning signs outlined above are present within your current 401(k) advisor, it may be time to find a new one.

Planning for your retirement is one aspect of life in which time is extremely important, as you have a finite amount of it in which to save enough money to last through your Golden Years. If you feel for any reason that your 401(k) advisor does not have you on the right path toward your retirement, it’s time to find one who will guide you in the right direction.