"Ultimately, these claims will come down to a dispute over whether the service provider's compensation is -- as required by the exemption -- 'reasonable.' ... [In] contrast to a prudence claim, where the ultimate issue is the reasonableness of the fiduciary's process, and where comparisons of fees under the plan with fees under other comparable plans are simply a proxy (preliminary to discovery) for an imprudent process, here the issue is the 'objective' reasonableness of the service provider fees themselves, where those comparisons are the main issue." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

"[T]he Eleventh Circuit added to this growing divide by expressly rejecting the burden-shifting framework adopted by several circuits, including the First, Fourth, Fifth, and Eighth. Instead, the court reaffirmed a more defense-oriented standard grounded in traditional principles of civil liability, holding that plaintiffs bear the burden of proving all elements of their claim, including loss causation." [Pizarro v. Home Depot, No. 22-13643 (11th Cir. Aug. 2, 2024; cert. pet. filed Dec. 3, 2024; Solicitor General brief requested Apr. 21, 2025)]   MORE >>

"To mitigate risks and enhance clarity, plan sponsors should consider adopting a written policy that specifies the order in which forfeitures can be used if that order is not specified in the plan document or adoption agreement, and the timing in which they will be used. By establishing this policy, sponsors can provide a clear framework for the management of forfeitures, helping all parties involved to understand how these funds will be allocated."  MORE >>

"The rise in 401(k) hardship withdrawals sends a loud and clear signal that employees are in need of additional financial support to help manage unexpected expenses. By offering personalized advice, promoting emergency savings, and discussing health savings options, plan sponsors can help employees stay on track with their retirement savings while navigating financial challenges."  MORE >>

"60% worry that they will run out of money from their employer-sponsored retirement plan during retirement. 70% say they would consider adding an annuity to their employer-sponsored retirement plan if it was available. Over half (54%) say they would pay a fee for an advice service to manage their annuity contributions based on their personal financial situation and retirement goals."  MORE >>

"Since September 30, 2024, the CPI has increased about 1.4%. Projecting monthly increases of 0.25% through September 2025 results in an annual increase of about 2.8% for [this] 6-month actual/6-month forecast projection."  MORE >>

"The estimated funded status of the 100 largest U.S. public pension plans fell from 81.1% as of February 28, 2025, to 79.5% as of March 31, 2025 ... Trade and tariff uncertainty impacted financial markets during March and caused this result."  MORE >>

"To survive a motion to dismiss under ERISA Section 406(a)(1)(C), a plaintiff must only plausibly allege: [1] A fiduciary caused the plan to engage in a transaction; [2] The fiduciary knew or should have known it involved furnishing goods, services, or facilities; [3] The transaction was with a party in interest." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

"Justice Sotomayor suggested that courts ... may require plaintiffs to file a reply to defendants' answers ... (Justice Alito echoed that suggestion and took it one step further: 'District courts should strongly consider utilizing this option -- and employing the other safeguards that the Court describes -- to achieve 'the prompt disposition of insubstantial claims.')" [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

"[1] Comprehensive healthcare coverage ... [2] Retirement and financial wellness benefits ... [3] Flexible work and leave policies ... [4] Mental health support beyond employee assistance programs ... [5] Telemedicine and virtual care."  MORE >>