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Retirement Plans Newsletter

June 10, 2025

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[Guidance Overview]

Retirement Income Products in Defined Contribution Plans (PDF)

29 presentation slides. Topics include: [1] Retirement income products in defined contribution plans; [2] Adding retirement income product to a DC plan; [3] Pre-SECURE Act IRS technical guidance; [4] SECURE Act; [5] Education; [6] Safe harbor; [7] Lifetime income options; [8] SECURE 2.0; [9] QLAC.  MORE >>

The Wagner Law Group

[Sponsor]

Driving Results with ASC Systems: What ASC Clients Are Saying

"The ASC Hosted Val System has been a great addition to our team's process. I've already noticed a much faster speed in processing reports and completing our work. I really appreciate...." -- Brian Anderson. Read more.

Sponsored by ASC

[Guidance Overview]

IRS Eases Reapproval Burden for Substitute Mortality Tables in 2026

"[Rev. Proc. 2025-21] simplifies the rules for certain retirement plans needing to reapply for approval of their custom mortality tables ... The key change is a more flexible approach to determining when a new application is needed. If your plan's participant population hasn't changed much since your tables were first approved, you might not need to go through the approval process again in 2026."  MORE >>

Bolton

[Guidance Overview]

DOL Plans to Replace ESG Rule for Retirement Plan Fiduciaries

"While it is anticipated that a new rule will not permit plan fiduciaries to consider ESG factors, it remains to be seen whether a prudent investment selection process will be limited to a review of financial factors, such as revenue, earnings, profitability, and reasonable fees, or whether other nonquantitative factors will continue to be permissible criteria for fiduciaries to consider."  MORE >>

Ogletree Deakins

[Guidance Overview]

DOL Softens Stance on 401(k) Investment in Cryptocurrency

"[W]hile plan fiduciaries must consider all relevant facts and circumstances when evaluating and selecting investment options, DOL is neither endorsing nor prohibiting the inclusion of cryptocurrency investment options. In addition to cryptocurrency, [CAR 2025-01] advises that the same reasoning and principles apply to investments in a wide range of digital assets, including tokens, coins, crypto assets, and other crypto derivatives."  MORE >>

Slevin & Hart, P.C.

Defaulting 401(k) Assets Into Payout Annuities for 'Pretty Good' Lifetime Incomes (PDF)

33 pages. "[D]efaulting 20% of a retiree's assets over a threshold into an immediate annuity enhances retirement security for most plan participants. An annuity deferred to the age of 80 is particularly beneficial to college graduates, in terms of enhancing their welfare."  MORE >>

Pension Research Council, The Wharton School of The University of Pennsylvania

Modernization of DC Plan Investments

"[A] recent win for the defense bar in the Ninth Circuit highlights that, with proper risk disclosures and a prudent process, fiduciaries may invest in alternatives without violating their fiduciary duties under [ERISA]. Taken together with the Trump Administration's expected regulatory initiatives, there is momentum toward modernizing and diversifying DC plan investments." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025)]  MORE >>

Groom Law Group

Alternative Investments and 401(k) Plans: How Fiduciaries Can Navigate ERISA's Waters

"[1] Make investments through a fund that is an investment company under the '40 Act or a fund that is not treated as holding plan assets ... [2] Investigate custody arrangements to make sure they are institutional grade and that assets are not held outside the U.S.... [3] Consider indirect investments ... [4] Make sure that you will get the information required to report the investment on Form 5500 and show returns on participant disclosures.... [5] Consider making alternative investments available through self-directed brokerage accounts where participants take on more responsibility for their investment choices."  MORE >>

Cohen & Buckmann, P.C.

Financial Wellness Benefits: A Growing Priority for Employers

"To maximize the value of financial wellness programs, employers should: [1] Engage vendors with a fiduciary mindset, even if the program is not subject to ERISA. [2] Offer opt-in participation, rather than mandatory enrollment, to respect employee autonomy. [3] Communicate clearly about the program's purpose, scope, and limitations. [4] Track utilization and outcomes to assess ROI and make data-driven improvements."  MORE >>

Nixon Peabody LLP

EBSA Common Interest Agreements: A Close Look

"CIAs are legal agreements that permit attorneys pursuing similar, but separate, legal actions to share confidential information with each other about their respective cases.... EBSA also enters into these agreements with parties to private ERISA lawsuits.... This information sharing is the source of the controversy in the ERISA context.... HR 2958, or the Balance the Scales Act, would require EBSA to submit an annual report on the use of CIAs."  MORE >>

American Retirement Association [ARA]

DCIIA and Manifest Launch DC Data Dashboard

"[T]his annually updated dashboard benchmarks participant behavior and reveals emerging trends, providing critical insights into the defined contribution system's health -- and opportunities for solutions ahead."  MORE >>

Defined Contribution Institutional Investment Association [DCIIA]

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement OK-2025-02, for Taxpayers Impacted by Wildfires and Straight-Line Winds in Oklahoma

"[I]ndividuals and businesses in parts of Oklahoma that were affected by wildfires and straight-line winds that began on March 14, 2025 ... now have until Nov. 3, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Cleveland, Creek, Lincoln, Oklahoma, Pawnee, and Payne counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

IRS Disaster Relief Announcement MO-2025-02, for Taxpayers Impacted by Severe Storms, Straight-Line Winds, Tornadoes, and Wildfires in Missouri

"[I]ndividuals and businesses in parts of Missouri that were affected by severe storms, straight-line winds, tornadoes, and wildfires that began on March 14, 2025 ... now have until Nov. 3, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Bollinger, Butler, Callaway, Camden, Carter, Dunklin, Franklin, Howell, Iron, Jefferson, Madison, New Madrid, Oregon, Ozark, Perry, Phelps, Reynolds, Ripley, Scott, Shannon, St. Louis, Stoddard, Wayne, Webster, and Wright counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Third-Party Cyber Risk: Looking at Vendors' Cybersecurity

"[1] Review daily, weekly, or monthly reports from the vendor's cybersecurity monitoring tools ... [2] Audit the vendor site and perform your own cybersecurity review and/or assessment. [3] Ask the vendor to provide annual copies of approved and objective third-party cybersecurity assessments. [4] Contract with your own cybersecurity experts to do penetration testing against your vendor (with your vendor's knowledge that the tests are occurring, of course)."  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

Press Releases

bswift Announces a Powerful New Strategic Alliance with Benifex

bswift

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Driving Business Success Through Smart Compensation Strategy

RECORDED

Hall Benefits Law

Fiduciary Responsibilities for New Plan Sponsors

June 10, 2025 WEBINAR

CAPTRUST Financial Advisors

Trending Health and Welfare Benefit Topics

June 18, 2025 WEBINAR

Miller Johnson

Advanced Pension Conference

September 2, 2025 in GA

FIS Retirement Education

Employee Benefit Plans of Tax-Exempt and Governmental Employers 2025

September 18, 2025 WEBINAR

ALI CLE [American Law Institute Continuing Legal Education]

Last Issue's Most Popular Items

IRS Updates List of Preapproved Plans

Internal Revenue Service [IRS]

Tricky Decisions for Every Retiree

Morningstar

EBSA Nominee Says He Will End 'Regulation by Litigation'

planadviser

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

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