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Saturday, October 10, 2026

Impact of Dobbs v. Jackson Women's Health Organization for Employer-Provided Health Benefits - Ropes & Gray LLP

Pooled Employer Plans (“PEPs”): Putting a little PEP in a 401k retirement plan could help to protect your Portfolio Companies

Set against the backdrop of the continuing wave of ERISA litigation that is being brought against employers who sponsor retirement plans, Pooled Employer Plans (“PEPs”) are emerging in the US retirement plan marketplace as an alternative that may limit employers’ risk of retirement plan-related litigation. There have been over 220 ERISA class action suits filed in connection with retirement plans since 2018, and the top ten ERISA settlements for 2021 alone totaled $840 million in the aggregate. Since ERISA litigation is a serious and relevant concern, many plan sponsors, including private equity sponsors and their portfolio companies, would benefit from evaluating whether a PEP is a viable retirement plan solution for them.

The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade will have far-reaching implications for employees seeking abortions and the health care professionals who provide them. Employers who offer a broad range of reproductive health benefits through their employee benefit plans are likewise facing many questions about continued coverage for and access to these services in the wake of Dobbs. This Alert discusses some of the key issues employers and others will have to consider in the aftermath of the decision.

The pre-Dobbs Landscape

Even pre-Dobbs, there was wide...



Read Full Story: https://www.ropesgray.com/en/newsroom/alerts/2022/06/Impact-of-Dobbs-v-Jackso...