News Archive

"The [DOL] has withdrawn its previous support of plaintiffs in a case concerning the burden of proof involving a university 403(b) plan. The suit against Yale University was one of the first to be filed against university 403(b) plans ... in August 2016." [Vellali v. Yale Univ., No. 16-1345 (D. Conn. Jun. 28, 2023; on appeal to 2d Cir. No. 23-1082)]  MORE >>

"An effective RFP will determine the quality of the respondents and will help reduce the time and effort expended in the overall RFP and selection process.... [T]he plan sponsor should provide audit firms with sufficient information about the nature of the plan and the engagement to allow them to make a meaningful and comprehensive proposal that addresses your specific needs and evaluation criteria."  MORE >>

"Bipartisan legislation to change securities laws so 403(b) plans can offer collective investment trusts (CITs) passed the House on Dec. 11 as part of a larger package of capital market reforms (HR 3383). The CIT-related changes appear in a section entitled Retirement Fairness for Charities and Educational Institutions. The outlook for companion Senate legislation (S 424) is uncertain, but supporters hope the changes might pass Congress sometime in 2026."  MORE >>

"The full House voted 302-123 to approve the Incentivizing New Ventures and Economic Strength Through Capital Formation Act of 2025 [HR 3383], which includes a provision to amend securities laws to allow 403(b) plans to invest in collective investment trusts (CITs), aligning them more closely with 401(k) plans."  MORE >>

"PSCA's 2025 403(b) Plan survey shows that automatic enrollment is beginning to take hold in 403(b) plans, boosting participation rates to all-time highs. The survey also shows big jumps in the adoption of Roth, investment advice, and SECURE Act provisions."  MORE >>

"A variety of nonprofit organizations have called on top leaders from both chambers of Congress in support of legislation that would allow plan sponsors of 403(b)s to include collective investment trusts (CITs) in their investment lineups."  MORE >>

"The class action lawsuit, dismissed in 2010, did not deter the NEA, but raised awareness of potential conflicts of interest when unions endorse costly financial/retirement products for their members."  MORE >>

"401(k), 403(b), 457(b) plans: Automatic Roth designation for catch-up eligible participants earning over $150,000 (as adjusted for inflation) ... Group health plans: gag clause attestation."  MORE >>

"Defined Contribution (DC) plans -- primarily 401(k)s and 403(b)s -- now hold over $12 trillion in assets ... Within these plans, Target Date Funds (TDFs) are the default investment option for most participants. Increasingly, TDFs are being housed in Collective Investment Trusts (CITs) rather than SEC-registered mutual funds.... CITs operate in a poorly regulated gray zone.... TDFs held in state-regulated CITs are therefore emerging as one of the most dangerous and least transparent areas in the retirement system."  MORE >>

"The deadline by which a plan sponsor must amend its retirement plans depends on the plan type. Here’s a list of the current amendment deadlines by plan type."  MORE >>

"In 403(b) plans, employees with at least 15 years of service at eligible employers, such as public schools and certain nonprofits, may qualify for an additional catch-up contribution of up to $3,000 per year, capped at $15,000 total. The Roth catch-up requirement does not apply to these ... Similarly, for governmental 457(b) plans, the Roth requirement applies only to the extent catch-up contributions exceed the regular 457(b) limit."  MORE >>

"[If] a worker does not have FICA wages (e.g., a governmental agency employee not covered by a Section 218 Agreement), Section 603 does not apply.... If your plan's service providers cannot confirm they have appropriate systems in place to comply with Section 603's requirements, and you are considering prohibiting catch-up contributions until they do, this would require an advance amendment prior to January 1, 2026. "  MORE >>

"A key decision for employers is whether to implement the deemed election process.... A plan may use either of the two new correction methods, but it must apply the same correction method to similarly situated participants.... The deadline to correct a failure using these correction methods depends on which limit is the basis for the redesignating pre-tax deferrals as catch-up contributions.... Special rules apply to dual-qualified plans (plans qualified under both U.S. and Puerto Rico law). "  MORE >>

"Final regulations also provide some clarity on the optional 'super' catch-up contributions that were permitted starting on 2025. Plan sponsors have several design and administrative decisions to make before implementing these changes, and plan amendments reflecting these changes are due by December 31, 2026."  MORE >>

"[W]ithout a statutory change, 403(b) investments are still limited to annuity contracts and custodial accounts holding mutual fund investments. None of these will support the typical private equity investment. Even should the proposed 403(b) CIT legislation ever pass, it would likely still be insufficient to support private equity investments from being held by most 403(b) plans."  MORE >>

"Each employer that sponsors a 403(b) plan which uses a pre-approved plan document must ensure that document is restated to account for changes in law by December 31, 2026. Especially for those nonprofit and public sector organizations characteristically facing resource and staffing constraints, it’s crucial to start the restatement process now."  MORE >>

"The suit alleges that the defendants 'based the decision of how to allocate forfeitures solely on the company's own self-interest and failed to consider … the interests of the plan and its participants.' In the past two years, at least 50 class-action 401(k) lawsuits have been filed by plan participants over misuse of forfeited assets from former employees." [Tillery v. WakeMed Health & Hospitals, No. 25-0408 (E.D. N.C. complaint filed Jul. 10, 2025)]  MORE >>

"Administrators of 403(b) plans in the Bay State would be subject to heightened disclosure requirements if legislation before both chambers of the Massachusetts legislature is enacted.... It would require companies administering such plans to disclose, for each investment ... [1] fee ratio; [2] returns; [3] net of fees; and [4] amount of compensation sales agents receive."  MORE >>

"[A]llowing collective investment trusts (CITs) in 403(b) plans could save the median plan participant about 0.08% to 0.09% annually compared to mutual fund fees -- translating into $23,000-$28,000 less paid in fees by age 65 for someone earning $74,000 a year. That's enough to cover six months of living expenses in retirement for one person."  MORE >>

"This list includes pre-approved plans that were submitted to the IRS for opinion letters from May 2, 2022 to May 22, 2025, covering the 2022 Cumulative List. Rev. Proc. 2021-37 changed the pre-approved program so that Prototype and Volume Submitter plans are combined into a single opinion letter program. Additionally, the types of plans are now reflected simply as either standardized or non-standardized pre-approved plans.... Please note that virtually all opinion letters were issued at the same time, November 29, 2024."  MORE >>

"The Retirement Fairness for Charities and Educational Institutions Act of 2025 would expand the available investment options, allowing certain Section 403(b) plans to include collective investment trusts among the investment options offered to their participants. If enacted, this legislation will help redress the balance for Section 403(b) plan participants."  MORE >>

"Despite the challenges, 403(b) plans have had success with annuities, which could offer plan sponsors of 401(k) plans solace to adopt the products. But research by the U.S. Government Accountability Office, indicated the high cost of annuities in 403(b) plans.... [D]ifferences in the participant base between 403(b) and 401(k) plans make it difficult for the defined contribution space to broadly apply lessons from annuity use in 403(b)s plans."  MORE >>

"Because they are limited to institutional investors, CITs are regulated based on the assumption that the investors have the knowledge and bargaining power to safeguard their own interests. As such, CITs are much less regulated than mutual funds. This can be seen as a benefit because of lower cost but also can lead to less favorable legal terms in the areas of transparency, accountability and liquidity when compared with mutual funds."  MORE >>

"Unlike the 401(k) retirement plans offered to private sector workers, the 403(b) plans that nonprofit workers use typically cannot access low-cost collective investment trusts (CITs).... Compounded over a 40-year career, the cost gap results in about $23,000-$28,000 less retirement wealth at age 65.... Allowing 403(b) plans to include CITs as fund options will level the playing field for all retirement savers. "  MORE >>

"The recently passed so-called Fairness in Benefits Act compels school districts to allow private companies to 'educate' employees about their 401(k), 403(b) and 457(b) products. Tellingly, the law only applies to teachers and state workers participating in the Tennessee Consolidated Retirement System (TCRS)."  MORE >>