"For a responsible 401(k) plan fiduciary, the revocation of the Prior Guidance does not give the green light to add cryptocurrency as an investment option; rather, it simply places cryptocurrency on a level playing field with any other potential investment option."  MORE >>

"You must now have a written program containing all terms and conditions of the plan.... A written program can consist of bundling the salary reduction agreement, summary plan description, custodial account, annuity arrangement and any other plan documents you may already have in place." [Also available: Transcript of employee-oriented podcast: 403(b) Tax-Sheltered Annuity Plans]  MORE >>

"The decision ... interprets ERISA's mandatory fee-shifting provision for collection actions to encompass fees incurred in parallel actions where fees would not otherwise be recoverable or where the award is not mandatory. Plans and employers should consider whether the decision lays the groundwork for a mandatory award of fees to a plan that, in addition to successfully pursuing an employer for delinquent contributions or withdrawal liability, prevails in arbitration by the employer to challenge the amount of the liability." [International Painters & Allied Trades Industry Pension Fund v. Florida Glass of Tampa Bay, Inc., No. 23-0045 (D. Md. Mar. 5, 2025)  MORE >>

"Multi-year data from one mega-plan sponsor with over 250,000 participants revealed that around 10.5% of requested distribution checks for balances under $1,000 went uncashed and required eventual resolution.... Here are six key factors that can contribute to unresponsive participants ... [P]lan sponsors should consider adopting the following best practices[.]"  MORE >>

"A newly released survey found what it called a 'powerful shift' in how Americans want to save for retirement: they're looking for plans that adapt to them. More specifically, ... [the survey] reveals a growing demand for personalization, simplified communication, and support for the financial realities workers face today."  MORE >>

"Although the [IRS] has long approved the language permitting discretionary forfeiture use, ... these new claims by the participant-plaintiffs have had some success in the courts. However, courts in different areas of the country are ruling differently, and none of the cases have yet been decided by an appeals court. To avoid being a possible target ... many employers are amending their plans or adopting a written administrative policy that clearly states how forfeitures will be used. The idea: remove the discretion and you remove the potential for the claim of fiduciary breach for making the 'wrong' choice."  MORE >>

"The IRS sent determination letters in 2024 at the same pace as it had the year before in response to requests from DB plans; however, it sent less than half as many to DC plans in 2024 as it did in 2023."  MORE >>

"During April, markets experienced sometimes daily tariff-influenced volatility, but by month’s end the largest U.S. public pension plans saw a positive 0.4% monthly investment return."  MORE >>

"If an IRA is inherited through an estate, the distribution rules for the estate apply, even if the IRA is later transferred to a person. Distribution rules depend on whether the IRA owner died before their RBD.... Always share the full history of inherited IRAs with any custodian or tax advisor. If you're doing estate planning, work with a tax advisor and estate planning attorney to decide whether naming your estate as the IRA beneficiary makes sense for your estate planning needs."  MORE >>

"Under current regulations, most human resources executives routinely roll over accounts with balances of less than $7,000 into safe harbor individual retirement accounts, thinking they are preserving and helping grow employees' retirement savings. What they may not realize is that some safe harbor IRA providers are charging exorbitant fees that gradually deplete balances, at times down to $0."  MORE >>

"[T]he SPARK Institute is urging Treasury and IRS to prioritize projects that would: [1] Harmonize IRS and [DOL] electronic delivery standards; [2] Finalize the 2022 remote witnessing proposal; [3] Implement the new Saver's Match; [4] Implement SECURE 1.0's and 2.0's mandatory changes and provide certainty on 457(b) amendment deadlines; [5] Finalize the 2023 forfeiture proposal; and [6] Update and restate the Employee Plans Compliance Resolution System (EPCRS) in accordance with SECURE 2.0."  MORE >>