PBGC has updated the ERISA 4044 Yield Curves, as well as the interest rates used for valuing vested benefits for variable rate premium purposes.  MORE >>

"The Federal Retirement Thrift Investment Board (FRTIB) proposes to amend a loan reamorization rule that requires payment of all accrued interest prior to allowing payments on the principal and current interest. Under the proposed rule, the Thrift Savings Plan (TSP) record keeper would combine the accrued interest with the outstanding principal when reamortizing a loan."  MORE >>

21 pages. "To state a claim under Section 1106(a)(1)(C), a plaintiff need only plausibly allege the elements contained in that provision itself, without addressing potential Section 1108 exemptions.... The exemptions in Section 1108 do not impose additional pleading requirements for Section 1106(a)(1) claims.... [T]he Section 1108 exemptions are structured as affirmative defenses that must be pleaded and proved by defendants who seek to benefit from them.... [R]espondents' practical concerns about meritless litigation cannot overcome the statutory text and structure." [Cunningham v. Cornell, No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

"Fiduciaries defending their retirement plans in court are the ones that must plead and prove that they qualify for a statutory exemption that would make an otherwise prohibited transaction permissible ... Plaintiffs challenging their retirement plans under [ERISA]'s prohibited transaction rules don't have to include details in their complaints showing that these statutory exemptions don't apply to block their cases, according to the opinion.... In a concurring opinion, [three justices said] this 'straightforward application' of the text is likely to cause 'untoward practical results,' because it will allow lawsuits to advance to discovery based on allegations of common, innocent conduct, he said." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]   MORE >>

"Thanks to the SECURE 2.0 Act, an expanded array of distributions from a retirement account is now more readily available. There are rules for their application, but making them available is up to the discretion of a plan sponsor."  MORE >>

"83% of PEP employers are satisfied with the experience ... Four out of five PEP employers said they considered multiple providers before joining a PEP.... 58% of employers with a PEP said they considered the plan because their advisor or consultant recommended it."  MORE >>

"What is the QPAM Exemption? ... Why is it important to qualify as a QPAM? ... Are all prohibited transactions exempt under the QPAM Exemption? ... Who may qualify as a QPAM? ... What else is required to maintain status as a QPAM? ... We are an RIA seeking to qualify as a QPAM. What's next?"  MORE >>

"New analysis from PensionBee reveals how discreet non-employee fees on retirement accounts can snowball into nearly $18,000 in lost funds over time.... The analysis looked at a typical worker who: [1] Works for 33 years, changing jobs every three years (12 employers total); [2] Has a 5% investment return, minus average 401(k) fees (net return: 4.15%); [3] Leaves behind a 401(k) with a $4.55 monthly account maintenance fee every time they switch jobs."  MORE >>

"In terms of protecting participants ... it appears that ERISA is working, at least for participants in plans that are subject to it. Moving forward, important questions arise from these incidents, including whether ERISA should be expanded to cover more types of plans, whether the protections provided by ERISA are too costly, and what role state laws should or could play."  MORE >>