Tina Anstett, J.D
ERISA Strategist
Published:
This Legislative and Regulatory Bulletin highlights what current federal guidance does and does not resolve concerning employer-sponsored Trump account contribution programs.
With roughly 6 million accounts opened as of early June 2026, Trump accounts are moving from concept to early implementation, and employers are increasingly asked whether and how they will support them. Current guidance gives sponsors enough direction to start evaluating models and ERISA risk points.
Key takeaways
#1
DOL Guidance
DOL Technical Release 2026-02 is generally favorable; Trump accounts and section 128 programs are generally not ERISA Title I pension plans.
#2
Neutrality guardrails
Contributions for employees' dependent children are the clearest non-ERISA case; contributions to eligible employees may need neutrality guardrails.
#3
Next Steps
Identify the section 128 program model, engage payroll, tax, and benefits teams early, and monitor Treasury/IRS guidance before finalizing.