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Retirement Plans Newsletter

April 29, 2025

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💼  3 New Job Opportunities

 

[Official Guidance]

Text of Social Security Memo: Change to Title II Overpayment Default Benefit Withholding Rate

"Effective April 25, 2025, overpayment notices will provide a default Title II overpayment benefit withholding rate of 50 percent of the monthly benefit.... Any new Title II overpayment determinations will have the 50 percent benefit withholding automatically applied for overpayment notices sent beginning April 25, 2025[.]"  MORE >>

U.S. Social Security Administration [SSA]

[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 Updates Model Annual Funding Notices for SECURE 2.0

"[While FAB 2025-02] encourages using the updated models to ensure compliance, it also recognizes that the new guidance may have arrived too late for some plans to do so. If a plan's notice was already prepared or well in process when the FAB was issued, it may be used if the administrator determines that it reflects a reasonable, good-faith interpretation of section 101(f), as amended by SECURE 2.[0] To the extent the notice does not meet that standard, the administrator must take appropriate corrective action."  MORE >>

Verrill Dana LLP

Supreme Court Declines to Review AT&T's Petition on Prohibited Transactions in 401(k) Plan

"The U.S. Supreme Court on April 28 declined to hear a petition from AT&T Services over federal guidelines covering prohibited transactions in defined contribution plans ... The appeals court said the District Court judge should have determined whether plan executives' revising of a self-directed brokerage account contract was a prohibited transaction." [Bugielski v. AT&T Servs., Inc., No. 21-56196 (9th Cir. Nov. 8, 2023; cert. denied Apr. 28, 2025)]  MORE >>

Pensions & Investments

Supreme Court Lowers Pleading Standard for ERISA Prohibited Transaction Claims

"[P]laintiffs will likely test the courts, leveraging the advantages this decision has given them and the inherent inconsistency in applying these 'tools.' Plan sponsors should assess their potential risks and consider mitigation efforts, including strategies they would employ in the event of a claim. For example, plan sponsors could consider paying plan expenses from corporate assets rather than plan assets, which would eliminate the possibility of a section 406(a)(1)(C) prohibited transaction." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]   MORE >>

Eversheds Sutherland

Plan Administrator's Work Doesn't End When the Check Is in the Mail

"Allowing distributions by wire could reduce the risk of mail fraud, although it has risks of its own.... [H]ave appropriate policies and procedures in place to track and monitor the status of paper checks that have been issued, including with respect to checks that remain uncashed.... [C]onsider sending large checks via certified mail, return receipt requested (or similar manner by private delivery) to evidence actual delivery."  MORE >>

Morris, Manning & Martin, LLP

Navigating QDROs and QDRO Litigation: Insights for Plan Administrators and Participants

"[A]dministrative missteps often serve as the catalyst for QDRO litigation, as affected parties seek court intervention to enforce their rights or recover financial losses. Understanding the common challenges that give rise to these disputes is key to avoiding them.... By proactively addressing potential issues and adhering to best practices, plan administrators and participants can work towards fair and efficient resolution of retirement benefit divisions.​"  MORE >>

Schechter Benefits Law Group LLP

Chasing Brighter Futures: AI and Retirement Plans

"Through a mix of predictive and generative AI, we may be able to better understand the drivers, features and potential outcomes of different retirement plans. ... Yet even in the face of a looming retirement crisis, there's significant risk in trusting AI with too much too soon. All the systems and efforts that shape our health, wealth and careers demand human expertise across sectors and functions, increased data security to neutralize cyber risk and robust governance plans to better comply with evolving regulations."  MORE >>

Mercer

Recipe for a Hearty Investment Policy Statement

"A well-crafted IPS outlines the guiding principles for choosing and managing plan investments, helping ensure a broad and diverse menu of options is available. It's also a fiduciary best practice -- although not required by law, the IPS is one of the primary documents the [IRS] and [DOL] request when they conduct plan audits."  MORE >>

The Retirement Advantage

Evaluating an Outsourced Chief Investment Officer Provider

"Evaluating your OCIO provider is critical to ensuring your investment portfolio is effectively managed and aligned to your strategic plan. If not, risks of the investment model targeting different financial goals, risk levels or parameters increase, creating an undue governance burden to monitor. [This article outlines] eight focus areas to help you evaluate your OCIO provider."  MORE >>

Willis Towers Watson

Legislation to Thwart Use of ESG in Retirement Plans Resurfaces

"[T]he Protecting Prudent Investment of Retirement Savings Act (HR 2988) seeks to repeal the Biden-era regulatory guidance issued in December 2022 that allowed plan fiduciaries to consider climate change and other ESG factors when they select retirement investments and exercise shareholder rights, such as proxy voting.... [T]he bill would codify the 'pecuniary-only' standard that was the basis for the rule issued in the final days of Trump's first term[.]"  MORE >>

American Retirement Association [ARA]

House Oversight Committee Drafts Cuts to Federal Employee Pensions

"The proposal would raise federal and postal employees' contribution rates to 4.4%, which the release estimated would raise $30.7 billion for the deficit reduction.... For new federal retirees, the proposal would eliminate the extra retirement annuity payment currently provided to those who retire before age 62, ... saving $10.1 billion[.]"  MORE >>

PLANSPONSOR; login may be may be required

Benefits in General

[Guidance Overview]

Washington Update Briefing, April 2025 (PDF)

55 presentation slides. Topics include: [1] Republican budget blueprint clears major hurdle; [2] Proposals to limit tax-favored treatment could emerge in hunt for new revenue; [3] Unfinished business tops retirement agenda; [4] Health policy: Executive Orders; [5] Heightened fiduciary risk continues for group health plan sponsors; [6] SECURE 2.0 update; [7] DOL"s voluntary fiduciary correction program.  MORE >>

Mercer

DOL Seeks Input to Set Prevailing Wages, Fringe Benefits in Houston Area

"[WHD] is distributing an online survey that asks for information on wages paid for relevant construction projects from May 5, 2024, to Aug. 5, 2025. The areas covered include Austin, Brazoria, Brazos, Burleson, Chambers, Colorado, Fayette, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Lee, Leon, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Orange, Polk, Robertson, San Jacinto, Trinity, Tyler, Waller, Washington, and Wharton counties."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

Demystifying PEOs (PDF)

22 pages. "PEOs typically provide services like payroll processing, tax filings, workers' compensation insurance, human resources guidance and administration, and employee benefits plans and administration at scale making it a viable option for many small and middle-market employers.... This eBook will explain: [1] what a PEO is; [2] the overall PEO relationship, [3] the PEO business model including the contract and how PEOs make money; and [4] the services provided by PEOs."  MORE >>

HUB International

Employee Benefits Jobs

💼

Relationship Manager

Compass

Remote / Stratham NH / Hybrid

View job as Relationship Manager for Compass

💼

Retirement Plan Consultant

Pinnacle Plan Design

Remote / Phoenix AZ

View job as Retirement Plan Consultant for Pinnacle Plan Design

💼

Senior Actuarial Analyst

Definiti

Remote

View job as Senior Actuarial Analyst for Definiti

Press Releases

Bolton Adds Communication Practice Led by Industry Veteran Susan Pippin

Bolton

Sun Life U.S. Expands Family Leave Insurance to Arizona, Wyoming and Pennsylvania

Sun Life U.S.

Employers Face Rising Breast Cancer Costs: There's Now An App (Benefit) For That

Know Your Lemons

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Plan Corrections Workshop: Self-Correction After SECURE 2.0

July 9, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Last Issue's Most Popular Items

Pentegra 401(k) Jury Verdict Provides a Roadmap for ERISA Plaintiffs

Bloomberg Law

How Supreme Court's Cornell Decision Will Affect ERISA Lawsuits (PDF)

Cohen & Buckmann PC, via Law360

Fallout from the Cunningham v. Cornell Supreme Court Decision

American Benefits Council

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

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