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Retirement Plans Newsletter

April 16, 2025

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[Official Guidance]

Draft of 2025 Instructions for IRS Forms 1099-R and 5498: Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, Etc. (PDF)

Apr. 15, 2025. "What's New: New code Y for box 7.... Reminders: Automatic rollover amount.... Information Reporting Intake System (IRIS).... Online fillable forms." [Also available: 2025 IRS Form 5498 and 2025 IRS Form 1099-R]  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Turning Plan Document Review into Actionable Insights

PlanPort revolutionizes how Recordkeepers, TPAs, and Advisors use retirement plan documents for sales, implementation, client relationships, and participant interaction –- delivering efficiency, accuracy, summarization, and automation like never before.

Sponsored by PlanDataAI LLC

[Guidance Overview]

DOL Clarifies Annual Funding Notice Requirements and Updates Model Notices

"The major changes, as discussed in a Q&A format in [FAB 2025-02], relate to the methodology for measuring the value of assets, value of liabilities, and funding level, and predominantly affect single-employer defined benefit pension plans."  MORE >>

Patterson Belknap Webb & Tyler LLP

Fifth Circuit Grants DOL Another Extension in Fiduciary Rule Lawsuit

"[The Fifth Circuit] granted the [DOL's] request for another 60 days to consider its next steps in two court cases challenging the department's 2024 Retirement Security Rule ... extend[ing] the existing abeyance ... to June 16, 2025.... The rule was scheduled to take effect on September 23, 2024, but hit legal roadblocks in the form of complaints filed by industry firms and member organizations." [FACC. v. DOL, No. 24-0163 (E.D. Tex. Jul. 25, 2024) consol. on appeal to 5th Cir with No. 24-10890, ACLI v. DOL, No. 24-0482 (N.D. Tex. Jul. 26, 2024)]  MORE >>

PLANSPONSOR; login may be may be required

Pension Risk Transfer Litigation Targets Multiply; Courts Finally Weigh In

"Although the Alcoa and Lockheed cases involve similar facts and allegations, the courts reached opposite conclusions.... Plan sponsors and fiduciaries should continue to carefully consider the guidance in the Department's Interpretive Bulletin 95-1 when choosing a PRT annuity provider." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025); Camire v. Alcoa U.S.A. Corp., No. 24-1062 (D.D.C. Mar. 28, 2025)]  MORE >>

Winston & Strawn LLP

Bankruptcy Court Provides 'Preliminary Observations' on Pension Plan Withdrawal Liability

"[T]he Judge determined ... [1] Where future payments include an interest component (either explicit or implicit), that component is disallowed as unmatured interest, but no further discounting is appropriate; [2] The proper discount rate to use to calculate the present value of a pension withdrawal claim is the pension plan's assumed rate of return on assets; and [3] The limitation on withdrawal liability applicable to an insolvent employer (ERISA Section 4225(b)) undergoing liquidation or dissolution is applied after the application of the 20-year cap." [​In re Yellow Corp., No. 23-11069 (Bankr. D. Del. Apr. 7, 2025)]  MORE >>

Kramer Levin

Annual Benchmarking Report: Latest Trends in 401(k) Plan Design and Participant Behavior (PDF)

"[This] annual benchmarking report on 401(k) plan design and participant behavior ... found the average loan size grew by 4%, slightly higher than inflation in 2024.... Loan usage also saw an uptick, increasing by two points since 2023, but remains below the 2015 to 2019 highs.... Participants invested solely in a target date product are 20 times less likely to make an exchange and even when they do, 84% of them exchange into another target date fund.... Fifty-five percent of retirement age participants leave the plan within four years of termination and another roughly 20% leave in the following five years."  MORE >>

T. Rowe Price

Where Does the Buck Stop? The Plan Administrator

"[E]mployers should not become complacent and assume that they have contracted out all responsibility for the administration of their ERISA plans. There are ways of mitigating some of the liability (contractually, insurance) but ultimate responsibility and liability remain with the ERISA plan administrator."  MORE >>

KLB Benefits Law Group

The Benefits of Outsourcing 3(16) Plan Administrator Fiduciary Duties to a Professional (PDF)

17 pages. "As key stakeholders in retirement plan oversight, financial advisors often serve as the first line of defense, guiding clients through administrative challenges, mitigating compliance risks, and ensuring adherence to fiduciary best practices. By proactively addressing these complexities with the help of a 3(16) fiduciary, advisors play a critical role in safeguarding plan integrity and optimizing outcomes for both sponsors and participants."  MORE >>

Pentegra

Single- vs. Multiple-Investment-Type Investors: How They Are Different (PDF)

"This Fast Fact examines how investment options within public-sector defined contribution plans are utilized ... The analysis identifies participants who invested in only one investment type compared with those who invested in multiple investment types, categorized by age and plan type. The analysis also provides a breakdown of the investment types used by single- and multiple-investment-type investors. "  MORE >>

PRRL [Public Retirement Research Lab]

Short-Term Market Volatility and Public Pension Plans (PDF)

"Short-term market volatility can raise concerns among public pension plan stakeholders and observers. Although headlines may focus on daily or weekly fluctuations, short-term declines should be viewed in the context of public pension funds' long-term, disciplined approach to investing."  MORE >>

National Association of State Retirement Administrators [NASRA]

Protecting Social Security: The Case Against Extending the Full Retirement Age

"[T]his paper will briefly explore Social Security's history, how Social Security payroll taxes subsidize other government expenditures, and how attempts are being made to roll back Social Security retirement benefit eligibility while other publicly funded retirement programs covering government employees have far more generous retirement eligibility provisions. The paper will conclude with recommendations to avoid program insolvency while preserving the FRA."  MORE >>

Edward Lane, via SSRN

[Opinion]

The Q1 Stock Setback and Target Date Fund Investors

"This may be the beginning of the long-awaited U.S. stock market crash, but even if it isn't those near retirement need to protect themselves from sequence-of-return risk that can ruin the rest of their lives. Only a few TDFs provide this protection, but they all should.... There's precedent for safety near retirement that was set at the June 2009 joint hearings of the SEC and DOL. But that was 16 years ago, so that is mostly forgotten -- until now. It's time to fix TDFs."  MORE >>

Advisor Perspectives

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Discounted Stock Options Raise Code Section 409A Considerations

"Assuming both the plan documents and exchange permit the grant of discounted options, any discounted option would need to be structured to either comply with Section 409A or meet a Section 409A exception summarized [in this article]."  MORE >>

Haynes and Boone, LLP

Selected New Discussions

Do I Have to Continue Filing 5500-EZ?

"2019 5500-EZ was filed with less than 250k in assets for the first year of the plan/filing but stopped filing in subsequent years and assets are still under 250k. Was there a continuation requirement because initially it was filed?"

BenefitsLink Message Boards

Partial Plan Termination: Do Accounts Have to Be Distributed?

"Before this plan came to us, there was a partial plan termination. Many of the accounts were distributed, but not all. Those that remained just were given accelerated vesting. Do the accounts of participants involved in a partial plan term HAVE to be distributed? Or can they stay in the plan?"

BenefitsLink Message Boards

What Are the Difficulties of a Brokerage Window?

"For an individual-account retirement plan with participant-directed investment that gets Ascensus' recordkeeping services, the plan's sponsor (which also is the plan's administrator and trustee) is considering adding a Schwab Personal Choice brokerage window, restricted to mutual-funds-only.... [A]lmost all participants would use the mutual-funds window. The employer pays Ascensus' fees for all still-employed participants, and likewise would pay Ascensus' incremental fees for pulling the brokerage accounts into the recordkeeping.... [T]he plan every year will require an independent qualified public accountant's audit of the plan's financial statements. An Ascensus-aligned trust company is the plan trustee's custodian. The plan does not use Ascensus or a TPA to test coverage, nondiscrimination, or top-heavy measures.... [W]hat difficulties should I advise this plan sponsor to consider in its decision-making about whether to add the brokerage window?"

BenefitsLink Message Boards

Press Releases

Kevin Crain Joins PlanPort to Lead Recordkeeper Sales Initiatives

PlanPort

Financial Finesse Appoints Todd Lacey as President to Accelerate Growth and Meet Rising Demand for Financial Coaching

Financial Finesse

BPAS Achieves CEFEX Certification

BPAS

Blue Ridge Associates Acquires Qualified Retirement Plans Services (QRPS), a Leading Provider of Administration Solutions for Qualified Retirement Plan Benefits in North Carolina

Blue Ridge Associates

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

The Cash Balance Connection: How Retirement Plan Advisors Expand Beyond 401(k)s

RECORDED

National Association of Plan Advisors [NAPA]

2025 Executive Compensation Committee: Key Priorities and Strategic Insights

RECORDED

McDermott Will & Emery LLP

Put Marketing in Its Lane (Hint: It's Not Sales)

April 22, 2025 WEBINAR

GSM Marketing

Aligning Retirement Plans with Workforce and Business Objectives

April 30, 2025 WEBINAR

Society of Actuaries

DC Plan Investment Menus: Influences and Key Considerations

May 13, 2025 WEBINAR

Defined Contribution Institutional Investment Association [DCIIA]

Implications of the Long-Term Part Time Employee Rules

May 14, 2025 WEBINAR

Pentegra

Roth Employer Contributions: More Ways to Roth

May 21, 2025 WEBINAR

TRA [The Retirement Advantage]

Last Issue's Most Popular Items

Cybersecurity: Top Priority for 401(k) Plan Sponsors in 2025

Savant

'Magic Number' for Retirement Falls to $1.26M in 2025

401(k) Specialist

Text of IRS Notice 2025-21: Weighted Average Interest Rates, Yield Curves, and Segment Rates for April 2025 (PDF)

Internal Revenue Service [IRS]

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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.

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