Retirement Plans Newsletter
April 24, 2025
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💼 2 New Job Opportunities
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[Official Guidance]
Text of IRS Form 15315 and Instructions: Annual Certification for Multiemployer Defined Benefit Plans (PDF)
4 pages; rev. Apr. 2025. "Form 15315 ... is used to report the actuarial certification of a multiemployer plan's status. The plan actuary must file this form annually with the IRS to satisfy the reporting requirements of IRC
Section 432(b)(3)." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
EBSA Issues Late-Breaking Changes to Defined Benefit Pension Plan Annual Funding Notices
"FAB 2025-02 provides interim guidance and solutions pending more formal regulatory being issued by the DOL.... If you have
already issued your plan's 2024 AFN, consider the FAB 2025-02 guidance and make sure your AFN was consistent with FAB 2025-02. If not, revise and re-issue the AFN promptly." MORE >>
Nelson Mullins
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Third Circuit Validates Pension Plan's Right to Revise Withdrawal Liability Assessment
"The Third Circuit ... ultimately agreed with the Fund holding that the settlement agreement was a revised withdrawal liability assessment.... [T]he settlement agreement was properly understood under the Multiemployer Pension Plan Amendments Act (MPPAA) as a revision to the
withdrawal liability assessment and because no employer sought arbitration with respect to that revised assessment, the Fund had a cause of action[.]" [Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025
Mar. 27, 2025)] MORE >>
Tucker Arensberg, P.C.
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Pentegra MEP Plan Participants Win $38M in Jury Trial
"[A] jury has found that fiduciaries of Pentegra's more than $2 billion Multiple Employer Defined Contribution Plan for Financial Institutions breached their fiduciary duties by paying unreasonable recordkeeping and administrative fees.... There are still allegations
pending related to prohibited transactions, and those will be heard and decided by the court, not a jury." [Khan v. Bd. of Dir. of Pentegra Defined Contrib. Plan, No. 20-7561 (S.D.N.Y. complaint filed Sep. 15, 2020)] MORE >>
PLANSPONSOR; login may be may be required
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Uncashed Distribution Checks: A Growing Problem for Retirement Plan Sponsors
"[P]lan sponsors continue to incur administration costs when participants are separated from employment and their retirement savings. The assets are considered plan assets until the check is cashed or otherwise resolved....[U]ncashed check funds accumulate no interest or
earnings, and if mishandled, can represent a potential liability to plan sponsors.... Plan administrators can take steps to minimize the incidence of uncashed distribution checks, as well as, resolve the situations that inevitably occur." MORE >>
Retirement Management Services, LLC
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35th Annual Retirement Confidence Survey: Worker Confidence Unchanged, Retirees Feeling Better
"Workers' confidence remained unchanged between January 2024 and January 2025, retiree confidence saw an uptick.... Americans are concerned about changes to the retirement system, specifically a reduction of Social Security and Medicare benefits.... Social Security
remains the top source of actual and expected income for Americans in retirement.... More workers expect to retire later and many plan to work in retirement.... Health care expenses remain a concern for retirees.... Guaranteed income options are appealing to workers, especially as part of their workplace retirement plan." MORE >>
Employee Benefit Research Institute [EBRI]
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Average American Will Need Additional $100k to Offset Social Security Cuts
"Americans could need an additional $100,000 to make up the expected 17% cut to their Social Security benefits in 2035, unless Congress were to take action between now and then. While the average retiree today makes $1,980 monthly ... a 17% cut converts to a loss of
$336 per month, or $4,039 per year." MORE >>
401(k) Specialist
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What to Expect from Your Retirement Plan Investment Advisor
"Your investment advisor should [1] create and regularly update an Investment Policy Statement that defines the criteria for selecting and monitoring investments.... [2] help with what types of investments should be included and how, in order to help employees build a
diversified portfolio.... [4] establish a regular process for monitoring fund performance and identifying underperforming or unsuitable options.... [4] act as a fiduciary, with a legal obligation to act in the best interest of plan participants." MORE >>
Retirement Planology
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Is Private Equity Coming to Your 401(k)?
"Target-date funds, whether structured as mutual funds or collective investment trusts, still face limits on how much they can hold in illiquid assets. The cap is 15%, but most managers don't want to get too close to that. [The authors] expect private-asset exposure to land
somewhere between 5% and 10%. State Street is on the high end of that range, with a 10% allocation to private assets across its glide path." MORE >>
Morningstar
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Benefits in General |
Senate HELP Committee Chair Proposes Workplace Benefits for Independent Workers
"Cassidy's proposals include: [1] Expanding access to and the use of retirement accounts for independent workers
via pooled employment plans and single employee pension individual retirement accounts ... [2] Establishing a 'safe harbor' for companies so they can provide independent workers with benefits without litigation fears; and [3] Increasing independent workers' health care options, such as allowing access to association health plans and health reimbursement arrangements." MORE >>
PLANSPONSOR; login may be may be required
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Supreme Court Eases Path for Participants to Challenge ERISA Prohibited Transactions
"The broad implications of this case are concerning, potentially leading to more lawsuits with fewer dismissals at early stages and requiring plans and fiduciaries to expend considerable time and money responding to lawsuits that assert the mere existence of a prohibited
transaction." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] MORE >>
Thomson Reuters / EBIA
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Supreme Court Ruling Eases Path for ERISA Prohibited Transaction Claims
"This decision highlights the importance to plan sponsors and fiduciaries of having a process in place to review service provider agreements. The Supreme Court's decision may result in cases getting into discovery on these issues with more frequency, which will put a focus on
compliance with the exemptions." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] MORE >>
Holland & Knight
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Employee Benefits Jobs
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Selected New Discussions |
Plan Never Fully Closed Even Though Terminated
"I have searched various websites without much help. The form 5500 site only goes back to 2010. If a Plan was supposed to terminate in the early 2000's but assets were never brought to $0.00, how do you find this Plan?"
BenefitsLink Message Boards
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LTPT - Again!
"Suppose a plan has eligibility requirements of 3 consecutive months with at least 250 hours. Let's make it easier and say age 21. The plan also excludes part-time employees. Part-time employees are DEFINED as per diem employees -- they are not defined by hours. All the
'part time' employees work <1,000 hours in a year. So, since the LTPT rules do not permit an exclusion category as a 'proxy' for avoiding the LTPT rules based on an age or service condition, it would seem that this exclusion class is not valid for avoiding LTPT deferral eligibility if such an employee satisfies the 2 consecutive year/500 -999 hour/age 21 requirements, although it should be ok for employer contributions,
subject to testing. Or, if someone satisfies the 'normal' eligibility of 3 months/250 hours, even though they are excluded, do they NEVER become LTPT, because they have satisfied the less stringent normal eligibility requirements?"
BenefitsLink Message Boards
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Press Releases |
OneDigital Welcomes Watko Benefit Group, Strengthening Benefits Presence in the Central Region
OneDigital
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
SECURE 2.0: Special Considerations for 403(b) Plans
RECORDED
PLANSPONSOR
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Stock Comp Tax Masterclass, Part 1: The Essentials
May 1, 2025 WEBINAR
myStockOptions.com
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The Opportunities and Challenges of the Student Loan Matching Feature
May 7, 2025 WEBINAR
TRA [The Retirement Advantage]
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Navigating ERISA Rules When Investing Plan Assets: Key ERISA Terms, Fiduciary Issues, Prohibited Transactions, Exemptions
June 4, 2025 WEBINAR
Strafford
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Employee Severance Agreements and Section 409A Deferred Compensation: Withstanding Heightened IRS Scrutiny
August 5, 2025 WEBINAR
Strafford
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Last Issue's Most Popular Items |
IRS Proposes Changes to 401(k) Catch-Up Contributions
Alston & Bird
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Reimbursing an Employer for Paying Plan Expenses
The Wagner Law Group
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Cunningham v. Cornell: Supreme Court Lowers Bar for ERISA 406(a) Claims
Groom Law Group
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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