Retirement Plans Newsletter
June 16, 2025
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💼 New Job Opportunity Today
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[Guidance Overview]
DOL Rescinds Guidance Discouraging Plan Fiduciaries from Considering Cryptocurrencies
"While it is unlikely that 401(k) plans ... will offer direct investments in cryptocurrencies in their plan lineups in the near future, participants may continue to seek exposure to cryptocurrencies through self-directed brokerage windows ... It also remains to be seen
whether plans and asset managers will provide participants with exposure to cryptocurrencies by incorporating modest allocations to cryptocurrency investments in their blended or asset allocation funds, including target-date funds." MORE >>
Mayer Brown
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[Guidance Overview]
SEC Pulls Back More Than a Dozen Gensler-Era Guidance Proposals
"Some of the more noteworthy withdrawals include rules governing: predictive data analytics and conflicts of interest; the
safeguarding proposal; cybersecurity and risk management; ESG strategy disclosure; adviser outsourcing; Regulation Best Execution; and the order competition rule." MORE >>
American Retirement Association [ARA]
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DOJ Says Supreme Court Should Hear Withdrawal Liability Case
"[The case involves] a split between two Circuit Courts of Appeals regarding the date for setting assumptions to determine multiemployer plan withdrawal liability.... The DOJ argued that the Court should accept the case and allow the actuary to select assumptions after the measurement date, provided such assumptions are based on information as of the measurement date, even though that information may be obtained after the measurement date." [M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 22-7157 (D.C. Cir Feb. 9, 2024; cert. pet. filed May 9, 2024 No. 23-1209)] MORE >>
Segal
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Frequency of Participant Education Campaigns
"For most [plan sponsors], there is some cadence of webinars, virtual and/or in-person meetings, and online resources available throughout the year. Many respondents indicated that though this information is available, there is little use of the resources throughout the
year." MORE >>
Plan Sponsor Council of America [PSCA]
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Economic Uncertainty Impacts Retirement Savings: Plan Sponsors Can Provide Support
"[T]hese strategies are not difficult to implement and could go a long way in boosting employee morale and enthusiasm for the plan itself and in the workplace. [1] Communication ... [2] Emphasize educational programs ... [3] Upgrade or implement
retirement income planning resources ... [4] Provide counseling ... [5] Upgrade retirement account resources ... [6] Review the retirement plan provisions." MORE >>
PlanPILOT
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[Sponsor]
Turning Plan Document Review into Actionable Insights
PlanPort revolutionizes how advisors, recordkeepers, and TPAs use retirement plan documents across their business operations –- delivering efficiency, accuracy, summarization, and automation like never before. Now supporting 403(b) plans!
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Senate Strips Most Federal Employee Retirement Cuts from Reconciliation
"Gone from the bill are House-passed provisions that would require all federal workers to contribute 4.4% of their basic pay toward the Federal Employees Retirement System [FERS], reduce their FERS benefit calculation from the average highest three years of salary to the highest
five years, and eliminate the FERS supplement for employees who retire before Social Security kicks in at age 62." MORE >>
Government Executive
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Bill Introduced to Ban Pension Investments in Adversarial Countries
"[T]he Protecting Americans' Retirement Savings Act [S
928] ... prohibits ERISA-covered retirement plans from investing in companies based in foreign adversary countries, including China, Russia, North Korea, and Iran.... ERISA plan fiduciaries [would be required to] report: [1] All assets invested in sanctioned entities, including their identities and reasons for sanctions. [2] The total value of investments in foreign adversary companies. [3] A detailed list of
specific investments in these companies. [4] Justifications for retaining such investments in retirement plans." MORE >>
Sen. Jim Banks [R-Ind]
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North Carolina Governor Signs Bill Creating Board of Trustees to Oversee State Pension System
"The legislation creates a five-person board of directors to oversee the North Carolina Retirement Systems that includes the state treasurer and four other members.... Each member 'shall have expert knowledge of investments and a minimum of a 10-year track record of
successful management in pension, endowment or other relevant investment management fields,' according to the text of the legislation, and the board members would receive no compensation." MORE >>
Pensions & Investments
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[Opinion]
Split Court Rulings Invite Pension Risk Transfer Claims Lacking Any Evidence of Wrongdoing or Harm
"[A] federal court in Maryland ... [allowed] a group of class-action plaintiffs to continue their lawsuit challenging Lockheed Martin's decision to use Athene as the insurer for a pension risk transfer (PRT).... [K]ey
takeaways: ... [1] Plaintiffs can unfairly advance their fiduciary claims -- even PRT claims -- without alleging any flaws or mistakes in the decision-making process undertaken by plan fiduciaries.... [2] PRT claims might well be won or lost on the issue of standing.... [3] Plaintiffs are already experimenting with unfounded and aggressive allegations to overcome their standing problem." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025); Camire v. Alcoa U.S.A. Corp.,
No. 24-1062 (D.D.C. Mar. 28, 2025)] MORE >>
Encore Fiduciary
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[Opinion]
How Financial Advisors Actually Charge For Their Services
"[F]inancial advice has evolved with technological advancements and a greater focus on financial planning, with the Assets Under Management (AUM) fee emerging as the primary compensation model. Now, as financial advisers expand their services beyond traditional planning into more
holistic, personalized advice, the very definition of financial advice continues to evolve. As a result, firms must continually reassess how they structure their fees to align with their growing range of services." MORE >>
Nerd's Eye View
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Benefits in General |
[Official Guidance]
Text of IRS Request for Comments on Procedures for Determination Letters and Other Rulings
"Written comments should be received on or before August 15, 2025 ... [T]axpayers can request determination letters and private letter rulings from the from the Commissioner, Tax Exempt and Government Entities, Employee Plans Office on how the tax laws apply to them.
Employee Plans requires information from taxpayers in order to process these requests. Form 15662 will simplify and standardize the application process for Private Letter Rulings issued under Rev. Proc.
2025-4 and its successors." MORE >>
Internal Revenue Service [IRS]
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IRS Sees Significant Increase in Input on the Annual Priority Guidance Plan
"Noteworthy in the responses are a number of requests seeking the withdrawal of a broad range of existing regulations and other guidance, triggering a material increase in the response rate to the annual PGP solicitation notice. The number of submissions in response to Notice 2025-19 reflects an increase of more than 30 percent relative to the submissions making recommendations for inclusion in the 2024-2025 PGP." MORE >>
Miller & Chevalier
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Senators Introduce Bill to Expand 401(h) Accounts
"[T]he Strengthening Benefit Plans Act of 2025 ... would allow for overfunded 401(h) retiree pension accounts to be
transferred to help pay for active healthcare programs. A 401(h) plan is an employer-sponsored fund for post-retirement medical benefits. By funding these benefits with previously paid contributions, employers would avoid paying additional costs out of pocket." MORE >>
Committee on Health, Education, Labor and Pensions, U.S. Senate
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Employee Benefits Jobs
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Selected New Discussions |
Authorization to File 5500 on Behalf of Plan Sponsor
"[F]or those 5500's we file, we always request a written signature on an annual basis to file 5500's on behalf of Plan Sponsors (we only do this for the super small plans). Generally, they email a pdf with the signature. Has anyone transitioned to getting this
authorization by email only? ie. have the plan sponsor respond yes by email without a wet signature?"
BenefitsLink Message Boards
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Press Releases |
The Berwyn Group Appoints Adam Wilson as General Manager of Healthcare
Berwyn Group
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Boutwell Fay LLP Welcomes Allison Martinez to the Firm
Boutwell Fay LLP
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OC Tanner Company, Beam Therapeutics and GID Win the Retirement Advisor Council Prestigious Financial Wellness Award.
Retirement Advisor Council
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
Retirement Plans Update: A (Brave?) New World of Election Impacts, Court Rulings, and Key Regulatory Changes
RECORDED
ALI CLE [American Law Institute Continuing Legal Education]
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Fiduciary Focus: Who Benefits from a Fiduciary Breach?
RECORDED
Multnomah Group
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Cunningham v. Cornell University: Recent SCOTUS Ruling, ERISA Prohibited Transaction Claims, Pleading Standards, Exemptions
July 17, 2025 WEBINAR
Strafford
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Last Issue's Most Popular Items |
Navigating The Limits of DOL Guidance on Uncashed Participant Checks
Reinhart Boerner Van Deuren s.c.
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Text of IRS Notice 2025-35: Weighted Average Interest Rates, Yield Curves, and Segment Rates for June 2025 (PDF)
Internal Revenue Service [IRS]
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DOL Withdraws 2022 Crypto Guidance: What It Means for 401(k) Plan Fiduciaries
Pillsbury Winthrop Shaw Pittman LLP
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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