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Retirement Plans Newsletter
June 12, 2025
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💼 5 New Job Opportunities
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Sixth Circuit Affirms Dismissal of Excessive Fee Case
"The court reasoned that the complaint did not state a claim because it lacked detailed factual allegations showing that comparable recordkeeping services were available to the Plan at a lower price.' [England v. Denso Int"l Am. Inc., No. 24-1360 (6th Cir. May 6, 2025)] MORE >>
Jackson Lewis P.C.
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Second Circuit Holds New York Civil Practice Law Is Preempted by ERISA's Anti-Alienation Provision
"NYCPLR Section 5205(c)(5) allows certain additions to retirement accounts to be exempt from creditor actions, except those made shortly before a judgment claim.... [T]he court found that ERISA's anti-alienation provision preempts this state law exception because it
directly conflicts with ERISA's intention to protect retirement funds, including from creditor claims." [Office Create Corp. v. Planet Ent., LLC, No. 24-1879 (2d Cir. Jun. 10, 2025)] MORE >>
Roberts Disability Law
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Retirement Plan Fiduciaries Must Adjust to New Era of ERISA Litigation
"Key implications for plan sponsors: [1] Fewer ERISA lawsuits will be dismissed early.... [2] Fiduciary decision-making is more vulnerable to second-guessing.... [3] More plan sponsors may face litigation.... [4] Be ready to show how decisions were made, not
just defend the outcomes.... To stay ahead of litigation risks, plan sponsors should double down on fiduciary governance: Document everything.... Benchmark and review fees regularly.... Use RFPs strategically.... Engage qualified experts.... Train your fiduciary committee." MORE >>
Fisher Phillips
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Could Managed Accounts Replace TDFs as Plan QDIAs?
"Just 3% of plans use something other than a TDF, and only another 3% are considering other options, meaning 94% of plans are content with the TDF default ... But the one-size-fits-all approach of TDFs has industry experts wondering whether there are better options to be a
plan's QDIA[.]" MORE >>
planadviser
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Millennials Are Ditching Gen X Retirement Strategies
"Among Gen Xers, 63% worry they'll outlive their retirement savings. For Millennials, it's 56%, according to research from BlackRock.... Millennials approach retirement differently than Gen Xers in these surprising ways. [1] They started saving earlier ...
[2] They are less risk-averse ... [3] They value advice ... [4] They are more tech-savvy ... [5] They don't want to wait to pursue happiness." MORE >>
Kiplinger
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Are Defined Benefit Plans Back?
"[H]alf of plan sponsors now say they intend to keep their DB plans for the long term, a sharp reversal from just two years ago, when just 36% of finance leaders said DB plans were sticking around. Phenomena like higher funded status, new plan design options and ongoing labor
market pressures are prompting CFOs to reassess the value of what some would call antiquated and risky retirement plans." MORE >>
CFO
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SSA Reverses Course on April Additions to Death Master File
"In early April 2025, the [death master file (DMF)] saw an abnormal spike in newly added records.... These records stood out not only for their volume, but also for the lack of typical verification elements ... Fast forward to the most recent DMF release, and the
pattern has reversed.... The continued presence of some records raises questions about the SSA's data management process and whether the rollback is complete or still underway." MORE >>
The Berwyn Group
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[Opinion]
How to Lower Costs for Teachers and Health Care Workers Saving for Retirement (PDF)
"Unlike the 401(k) retirement plans offered to private sector workers, the 403(b) plans that nonprofit workers use typically cannot access low-cost collective investment trusts (CITs).... Compounded over a 40-year career, the cost gap results in about $23,000-$28,000 less
retirement wealth at age 65.... Allowing 403(b) plans to include CITs as fund options will level the playing field for all retirement savers. " MORE >>
Vanguard
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Benefits in General |
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[Official Guidance]
IRS Disaster Relief Announcement MS-2025-01, for Taxpayers Impacted by Severe Storms, Straight-Line Winds, Tornadoes, and Flooding in Mississippi
"[I]ndividuals and businesses in parts of Mississippi affected by severe storms, straight-line winds, tornadoes, and flooding 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 Calhoun, Carroll, Covington, Davis, Grenada, Humphreys, Issaquena, Itawamba, Jefferson Davis, Lee, Leflore, Marion, Montgomery, Pike, Prentiss, Sharkey, Smith, Walthall, and Washington counties qualify for tax relief." MORE >>
Internal Revenue Service [IRS]
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While HSA Account Balances Rise, One-Third of Accountholders Withdrew More Than They Contributed in 2023
"Out-of-pocket patient spending on health care increased in 2023, rising 7.5% over 2022. Still, average end-of-year HSA balances were higher than average beginning-of-year balances.... 43% of accountholders received an employer contribution.... More than half of the HSAs in
EBRI's database had a distribution in 2023, and the average distribution was $1,801." MORE >>
Employee Benefit Research Institute [EBRI]
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Executive Compensation and Nonqualified Plans |
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SEC Announces Agenda and Panelists for Roundtable on Executive Compensation Disclosure Requirements
"The [SEC has] announced the agenda and panelists for the June 26, 2025, roundtable on executive compensation. The roundtable will be held at the SEC's headquarters ... from 1 p.m.-5:35 p.m. ET. The event will be open to the public and webcast live on the SEC's
website." MORE >>
U.S. Securities and Exchange Commission [SEC]
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Employee Benefits Jobs
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Selected New Discussions |
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IRS Auditor Asking for Participant Drivers Licenses
"For the first time, in an IRS audit, the auditor requested copies of participants' drivers licenses to verify dates of birth. Has anyone else experienced this? While this is a creative way to verify DoB, it seems to be sort of an intrusion as I don't believe most
employers capture this information. They may visually verify the license when completing the I-9, but not capture the image. Just curious to see if this is a new ask, generally, or merely confined to one office."
BenefitsLink Message Boards
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Discretionary Match
"Is it possible for a plan with a safe harbor match to also offer a discretionary match and still retain its safe harbor status, i.e., avoid ADP/ACP testing & TH mins? In other words, a triple stack match without a fixed match -- could that still be considered a safe
harbor plan? If so, what would be the limitations on the discretionary match?"
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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Labor, Employment and Employee Benefits Considerations in Layoffs and Reductions in Force
July 8, 2025 WEBINAR
Stinson
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Last Issue's Most Popular Items |
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SCP Does Not Mean DIY
KLB Benefits Law Group
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Solo 401(k) vs. SEP IRA: Which is the Best Option for the Self-Employed?
Guideline
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The Truth About Auto-Portability
PenChecks
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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