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Retirement Plans Newsletter

June 4, 2025

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💼  4 New Job Opportunities

 

Avoiding Litigation in the Aftermath of Cunningham v. Cornell University: Procedural Protections for Plan Sponsors

"To protect against claims of fiduciary breach and therefore reduce the likelihood of litigation in the aftermath of Cornell University, plan sponsors must rely on procedural safeguards to ensure all service provider transactions firmly and unequivocally comply with the reasonable compensation for necessary services exemption of ERISA section 408.... [P]lan sponsors should engage in ongoing, comprehensive contract review and benchmarking of fees, focusing on [specific] key considerations."  MORE >>

Reinhart Boerner Van Deuren s.c.

Younger Americans Rewriting Rules of Retirement

"Adults in Generation Z who work with a financial adviser began at an average age of 23 -- more than two decades earlier than Baby Boomers. In some cases, members of Gen Z began working with an adviser before they began formally saving for retirement ... Millennial respondents started at an average age of 30, 10 years earlier than the average age for Gen X and close to 20 years earlier than Baby Boomers."  MORE >>

planadviser

401(k) Nonelective Contributions Explained: Safe Harbor, Profit Sharing, and QNECs

"For employers, [nonelective contributions] offer flexible tools to meet plan goals -- whether avoiding annual testing, maximizing owner contributions, rewarding employees, or fixing compliance issues. For employees, they can mean guaranteed retirement savings even without personal deferrals. This guide breaks down the three major types of nonelective contributions -- safe harbor, profit sharing, and corrective (QNECs) -- and when each may be appropriate."  MORE >>

Employee Fiduciary

How a Reduction in Force Impacts Your 401(k) Plan

"IRS guidance provides that generally, a partial termination occurs when there is a 20% or greater turnover rate during an applicable period.... A plan sponsor may be able to exclude some employees from the calculation if they were terminated for cause.... A plan sponsor may also provide evidence that the turnover rate is routine by providing proof of similar turnover in previous plan years and employee replacement rates."  MORE >>

Bricker Graydon

PBGC Nominee Fields Questions on Financial Assistance, Risk Transfers

"At her confirmation hearing before the Senate Finance Committee on June 3, Janet Dhillon -- nominated by President Trump on March 10 to be the new Director of the [PBGC] -- addressed committee members' questions and pledged to work with Congress in pursuing the agency's mission."  MORE >>

American Retirement Association [ARA]

[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

Access to Retirement Plans for Private Industry Workers, March 2024

"In March 2024, 15 percent of private industry workers had access to a defined benefit plan.... Among private industries, financial activities was notable in that 31 percent of workers had access to a defined benefit plan and 16 percent of workers chose to participate.... Defined contribution plans ... [were] more widely available to private industry workers, as 70 percent of these employees had access and 50 percent chose to participate in March 2024."  MORE >>

U.S. Bureau of Labor Statistics [BLS]

[Opinion]

Baby Boomers In Target Date Funds Need To Get Out

"Baby boomers in Target Date Funds (TDFs) face high risk near retirement, with portfolios often 90% in equities and long-term bonds. TDFs fail to protect against Sequence of Return Risk, exposing retirees to potentially devastating losses during the critical Retirement Risk Zone. Most TDFs are not substantively prudent, with only a few options ... offering real protection for those near retirement."  MORE >>

Ron Surz, via Seeking Alpha; login may be required

Benefits in General

[Guidance Overview]

DOL Expands Opinion Letter Program

"Opinion letters issued by the DOL are official publications that explain how the DOL enforces various laws and regulations under specific scenarios submitted by a requesting party. Opinion letters offer timely guidance to both employers and individuals, while also providing insight into the agency's likely positions in future rulemaking or litigation.... [T]he number of opinion letters issued by the DOL is likely to increase, especially following the limited number ... issued during President Biden's term."  MORE >>

Littler

[Guidance Overview]

The DOL Just Relaunched Opinion Letters: Why That Matters for Employers

"The DOL's decision to bring back opinion letters isn't just administrative housekeeping. It's a renewed invitation to employers: Ask us how the law applies, and we'll tell you. That kind of regulatory transparency tends to be sporadic -- and when it is offered, smart employers take advantage."  MORE >>

Pierson Ferdinand LLP

How Does EBSA Fare Under President Trump's FY2026 Budget Request?

"Overall, the FY 2026 budget requests $181 million, compared to $191 million for FY 2025. The total full-time employee count would drop from 687 to 640 for FY 2026. Additionally, the [PBGC] is requesting $18 million less in administrative expenses or the equivalent of 85 full-time employees."  MORE >>

American Retirement Association [ARA]

Professional Employer Organizations: Pros and Cons

"As your organization grows (often around 50 employees or more), the potential downsides of a PEO -- lack of customization, transparency concerns, feeling constrained by their systems -- can outweigh the initial administrative simplicity.... Leaving a [PEO] allows you to gain greater control and customize HR solutions ... However, the transition itself involves significant effort and potential challenges."  MORE >>

Gallagher

Executive Compensation and Nonqualified Plans

SEC Roundtable May Set the Stage for Executive Compensation Disclosure Reform

"This roundtable reflects the SEC's broader effort to reassess whether current disclosures are providing investors with decision-useful information or simply contributing to compliance-driven volume without clarity.... The current disclosure regime has grown increasingly detailed since the SEC's 2006 rule overhaul and subsequent additions required under the Dodd-Frank Act.... Chairman Paul S. Atkins has questioned whether these layers of disclosure are producing meaningful insight or merely compliance-driven volume."  MORE >>

Nelson Mullins

Employee Benefits Jobs

💼

DB/DC Combo Plan Consultant

BPAS

Remote

View job as DB/DC Combo Plan Consultant for BPAS

💼

Sales Executive - Employee Benefits

TruePlan Benefit and Retirement Advisors

Rensselaer NY / Hybrid

View job as Sales Executive - Employee Benefits for TruePlan Benefit and Retirement Advisors

💼

Director, Investment Strategy

TruePlan Benefit and Retirement Advisors

NY / Hybrid

View job as Director, Investment Strategy for TruePlan Benefit and Retirement Advisors

💼

Manager, Client Relationship Management

TruePlan Benefit and Retirement Advisors

Rensselaer NY / Hybrid

View job as Manager, Client Relationship Management for TruePlan Benefit and Retirement Advisors

Selected New Discussions

Overfunded DB Plan

"I have a client who is set to terminate their Defined Benefit Plan in conjunction with the sale of their business. It's a stock sale and the buyer intends to continue maintaining the seller's 401(k) Plan. The DB Plan is significantly overfunded. According to the current Plan document, reversions are not an option when handling the distribution of residual assets. Instead, the Plan says any excess should be allocated among participants.

'We intend to reasonably increase benefits in a non-discriminatory manner and transfer the rest to the 401(k) Plan, which will serve as a Qualified Replacement Plan. The buyer's attorney insists that because the Plan does not allow for a reversion, use of a Qualified Replacement Plan is not an option. He's pushing for a determination letter.... The attorney is also arguing that we would need to amend the document to say we're using a QRP for residual assets.

'When making use of a QRP, do you usually amend the document to say residual assets will transfer to a QRP? Also, if you could share any references that clearly specify a QRP can be used independent of a reversion, I would greatly appreciate it."

BenefitsLink Message Boards

Press Releases

Future Capital Strengthens Leadership Team with New Chief Operating Officer Hannah Wilson

Future Capital

Future-Proofing Your Data Security: The Berwyn Group Introduces Quantum-Resistant File Transfers

Berwyn Group

Quantum Health Signs Agreement to Acquire Embold Health

Quantum Health

MacroHealth Expands Its Marketplace Offerings with Acquisition of Foundational Pharmacy Strategies

MacroHealth

Calfee Welcomes Erin E. Shick, Employee Benefits and Executive Compensation Partner

Calfee

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Fall Compliance Update: An Overview of Significant Employee Benefits Related Laws, Rulemaking, & Litigation Events

September 24, 2025 WEBINAR

The Baldwin Group

Last Issue's Most Popular Items

DOL Launches Opinion Letter Program Across Five Agencies to Expand Compliance Assistance

U.S. Department of Labor [DOL]

DOL Axes Earlier Warning About Cryptocurrency in 401(k) Plans

Mercer

Tennessee Throws Teachers to the Wolves

403bwise

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

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