Voluntary Benefits Under Fire:
What the New Wave of ERISA Litigation Means for Employers and Brokers
The rules just changed. Here is what plan fiduciaries and
brokers need to know now.
Date
Tuesday, June 16, 2026
Time
11:00 AM PT / 2:00 PM ET
A wave of ERISA class action lawsuits has emerged targeting major employers and their brokers for alleged fiduciary breaches and prohibited transactions related to voluntary benefit plans, including accident, critical illness, cancer, and hospital indemnity insurance. The claims: that employees paid excessive premiums as a result.
This is not a theoretical risk. These cases are active, and the scrutiny is expanding.
Join ERISA expert Julie Selesnick, reinsurance leader Lamont Thurston, and Health Rosetta co-founder Dave Chase for a direct conversation on what these lawsuits mean, who is exposed, and what plan fiduciaries and brokers can do right now to reduce their risk.
Why This Matters Now
Voluntary Benefits Are No Longer Outside ERISA's Reach
For years, voluntary benefit plans operated in a gray zone, largely below the radar of ERISA enforcement. That era is ending. Employers and brokers who assumed these programs were safe from fiduciary scrutiny are now facing litigation that says otherwise.
The cases being filed today are raising questions that every plan sponsor and benefits consultant needs to be able to answer about their own programs.
Are Your Voluntary Plans Actually Outside ERISA?
Understand the legal threshold, what triggers ERISA coverage for voluntary benefit arrangements, and why the answer may be different from what you have been told.
What the DOL Safe
Harbor Requires
Walk through what the Department of Labor safe harbor actually demands and how current voluntary benefit arrangements are being measured against it in active litigation.
How Broker Compensation Is Being Scrutinized
The lawsuits are not stopping at plan sponsors. Broker compensation tied to voluntary benefit plans is under direct examination. Know what is being reviewed and why.
Proactive Steps to Reduce Exposure Now
Leave with specific actions plan fiduciaries and brokers can take before a lawsuit arrives, not after.
What You Will Walk Away With
A clear read on where ERISA applies to voluntary benefit programs
Understand exactly where the legal line sits and how recent litigation is redrawing it for accident, critical illness, cancer, and hospital indemnity plans.
The DOL safe harbor unpacked in plain language
Know what the safe harbor requires, where most programs fall short, and what compliance actually looks like in practice.
A broker's-eye view of compensation scrutiny
Hear directly how broker arrangements are being examined in these cases and what disclosure and documentation practices reduce exposure.
A practical action plan for plan fiduciaries and brokers
Walk away with concrete steps you can take now, before the next wave of filings reaches your clients or your own plan.
Continue the Conversation at
RosettaFest 2026
NASHVILLE, TN
The ERISA and fiduciary discussion continues in Nashville at RosettaFest 2026, where employer governance, legal compliance, and benefits transparency will be explored in greater depth alongside direct specialty care, women's health, and patient leadership.
Join us online on June 16th, 2026 then in person in Nashville this July.
Your RosettaFest ticket includes access to all sessions and every other track at the event.
Meet The Speakers
Meet the Speakers ERISA Experts and Benefits Leaders Who Know Where the Risk Is
Dave Chase
CEO & Founder, Health Rosetta
Dave Chase, co-founder of Health Rosetta and pioneer of the community-owned health plan (COHP) model, is leading a national movement to restore affordability, quality, and economic wellbeing in healthcare. He has helped employers covering over 5 million Americans achieve 20–50% cost reductions with better outcomes. Learn how Nautilus Health Institute open-source frameworks and Health Rosetta's community-based models are realigning healthcare around individuals, clinicians, and local economies.
Julie Selesnick, JD
Founder, Health Plan Legal Counsel PLLC | Executive Director, Legal and Compliance, Judi Group
Julie Selesnick has been practicing law since 2001, building deep expertise in high-stakes dispute resolution, ERISA fiduciary compliance, and health plan litigation. She has represented clients from major corporations to labor unions and class plaintiffs, recovering more than $91 million through settlements and verdicts. Following the passage of the Consolidated Appropriations Act of 2021, Julie expanded her practice to provide legal and compliance counsel to plan sponsors, fiduciaries, Taft-Hartley trustees, and vendors servicing group health plans. She is a recognized authority on fiduciary duty, CAA compliance, PBM contract enforcement, and healthcare transparency litigation, and a frequent speaker at national benefits industry conferences.
Lamont Thurston
Founder and CEO, BENERē
Lamont Thurston brings deep expertise in risk management, reinsurance, and corporate strategy to his role as Co-Founder and CEO of BENERē, a group captive reinsurance company focused on improving coverage and financial transparency for employers providing voluntary benefits. Previously, Lamont served as SVP of Risk Strategies at Hylant and founded Risk Matters, LLC. He also serves as Co-Founder at LightStance. With a background that spans senior finance leadership at Fifth Third Bank, board service at The Toledo Zoo, and graduate training in finance from Xavier University, Lamont brings a rigorous analytical lens to the voluntary benefits and captive reinsurance space.
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