Retirement Plans Newsletter
May 9, 2025
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💼 2 New Job Opportunities
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[Guidance Overview]
Reducing or Suspending 401(k) Safe Harbor Contributions Mid-Year
"With the proper set up, or as a result of economic loss, sponsors of 401(k) safe harbor plans may reduce or suspend employer matching or nonelective safe harbor contributions mid-year." MORE >>
The Retirement Advantage
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ERISA Forfeitures Lawsuit Dismissed with Prejudice
"While [this] lawsuit contains allegations similar to other forfeitures lawsuits, the plaintiffs here also ... argued that ... the defendant violated ERISA by using the forfeited funds in a different manner than described in the Form 5500.... [T]he court stated
that the plaintiffs failed to show that the statement in the Form 5500 created a binding legal obligation with respect to the use of the forfeited funds, as the terms of the plan document govern the plaintiffs' rights." [Sievert v. Knight-Swift Transportation Holdings
Inc., No. 24-2443 (D. Ariz. Apr. 29, 2025)] MORE >>
Miller & Chevalier
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Senate HELP Committee Set to Vote on Nomination of PBGC Director
"The Senate Health, Education, Labor, and Pensions (HELP) Committee is set to vote on the nomination of Janet Dhillon to serve as the next Director of the [PBGC]. The vote will come on May 15.... [R]eportedly there will be no hearing concerning her nomination before the
committee votes." MORE >>
American Retirement Association [ARA]
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Do IRAs Actually Help More People Save for Retirement?
"Any impact of the new auto-IRA programs must by definition be modest, since the total number of contributors is only about one million -- compared to 20 million IRA contributing households in 2022. That said, these programs could well explain the increase between 2019 and
2022 in the share of contributions coming from the bottom third of the income distribution." MORE >>
Center for Retirement Research [CRR] at Boston College
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[Opinion]
Cornell Decision May Not Have Significant Impact on ERISA Fiduciary Exposure
"While it is possible that the Cornell decision could lead to an increased frequency in meritless class actions being filed, pleading standards and standing requirements which are still in place may limit the impact. If there is an increase in volume, it may be
short-lived if courts follow the Supreme Court's suggestions ... Hopefully fiduciary insurers will be persuaded to stand by their insureds and not push for increases until it can be ascertained what the actual impact of the decision will be." MORE >>
Willis Towers Watson
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Benefits in General |
Fiduciary Duty in the Digital Age: Cybersecurity Best Practices for ERISA Plans
"Cybercriminals exploit weaknesses in systems, software, or human behavior to find opportunities for easy access (like compromised credentials) and steal information.... The digital nature of plan administration and the reliance on third-party service providers create ample
access given the broad attack surface." MORE >>
Woodruff Sawyer
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2025 Benefits Benchmarking Highlights
"Healthcare remains a top concern for employers. But rather than expanding access and coverage, companies are prioritizing cost control and sustainability, especially in high-cost areas like specialty pharmacy and weight loss drugs.... The post-pandemic surge in wellbeing
programs is leveling out.... When it comes to leave, employers are focused on streamlining policies, staying compliant, and mitigating risk.... more employers are enhancing retirement support as part of a mature, future-focused benefits strategy." MORE >>
Sequoia
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Employee Benefits Jobs
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Selected New Discussions |
Mandatory Roth Catch-Up in 2026
"Suppose you have a governmental 501(c)(3) 403(b) plan. They (the employer) does not participate in Social Security. So,
are [the employees'] W-2 wages considered 'FICA' wages? ... [T]his is purely for sake of discussion.... If they don't participate in Social Security, I don't see how they could be FICA wages."
BenefitsLink Message Boards
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Latest Date to Contribute to Retroactive Solo 401(k)
"Sole proprietor has not filed his tax returns yet (on extension). Wants to adopt solo 401k retroactively, and make maximum deferral and profit sharing contributions. What is the latest date he can adopt and contribute? I'm being told that under Secure 2.0 he cannot defer
after April 15. Is this true? (Getting conflicting answers.)"
BenefitsLink Message Boards
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Last Issue's Most Popular Items |
Digital Assets in ERISA Plans and IRAs: It's a Brave New World (PDF)
Groom Law Group, via The Investment Lawyer
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SEC Adds 10b5-1 Guidance for 401(k) Plans with Company Stock Investment Options
Haynes and Boone, LLP
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Private Equity for Retirement Savers? Change Is Coming to 401(k) Plans
Morningstar
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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