Workforce Bulletin

Part of the “ERISA – You’ll Need a Lawyer for That” series.

What are the proposed rules on fertility benefits?

A cross-agency proposal would amend regulations implementing the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to add fertility benefits as a category of “excepted” benefits that are exempt from certain requirements, for the purpose of expanding access to fertility treatments and services.

Strategic ERISA (Employee Retirement Income Security Act) plan design and administration require more than just technical compliance—they call for foresight into how plans will hold up under legal scrutiny.

In this one-on-one interview, Epstein Becker Green attorney Jeb Gerth, an experienced litigator in ERISA cases, joins George Whipple to explore the critical role a litigator plays in reinforcing plan integrity. Jeb explains how incorporating a litigation perspective into the planning and administration process acts as a "stress test," helping to identify areas that might attract legal challenges or class action claims. He also discusses key vulnerabilities in ERISA plans, such as discretionary decision-making and inadequate documentation, and how addressing them proactively can reduce the risk of costly disputes.

With class actions often resulting in significant judgments and additional exposure through fee-shifting structures, Jeb provides practical, real-world guidance on preparing plans to withstand these challenges. From uncovering hidden risks during early plan administration to enhancing fairness and clarity in plan documents for both participants and courts, this conversation offers essential strategies for leaders looking to protect their organizations from potential litigation while fostering trust and compliance.