Retirement Plans Newsletter
June 17, 2025
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[Guidance Overview]
A Primer on Relief for Missed Minimum Contributions to a Single-Employer DB Plan
"While a funding shortfall can be a serious challenge, plan sponsors facing a temporary financial hardship may have options. Relief under IRC Section 412(c) is not automatic, but with proper documentation and timely action, a waiver may help protect both the plan sponsor and plan
participants from longer-term harm." MORE >>
Schechter Benefits Law Group LLP
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National Rural Electric Cooperative Hit with ERISA Complaint
"Participants of the National Rural Electric Cooperative Association's retirement plan filed a complaint against the organization alleging years of financial mismanagement and self-dealing in the administration of NRECA's 401(k) Pension Plan.... The complaint also accuses
NRECA of manipulating internal cost-sharing structures to shift an increasing financial burden onto the 401(k) plan, while reducing costs to its other benefits programs." [Mullins v. National Rural Electric Cooperative Association [NRECA], No. 25-0994 (E.D. Va. complaint
filed Jun. 11, 2025)] MORE >>
PLANSPONSOR; login may be may be required
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PBGC OIG Report: Recent Court of Appeals Ruling May Increase Taxpayer Cost for SFA by $6 Billion (PDF)
"Given the Appeals Court's decision that terminated plans are eligible for SFA, there is a significant risk that a majority of the 123 terminated/insolvent plans will apply for SFA, estimated to be $6 billion, that PBGC and other government entities had not anticipated.
Further, within these payments several billion dollars in taxpayer funds may be wasted on repayments [from SFA funds] to PBGC [for loans previously granted as traditional financial assistance] ... PBGC also risks approval of plans' applications by default due to the volume and time needed to properly review applications." [Bd. of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund v. PBGC, No. 23-7868 (2d Cir. Apr. 29, 2025)] MORE >>
Office of Inspector General, Pension Benefit Guaranty Corporation [PBGC]
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Senate's 'One Big Beautiful Bill' Spares Retirement Plans
"As with the House version of the OBBB that was approved May 22 by a one-vote margin, the draft tax portion of the bill
released by Chairman Crapo does not include any provisions that would, for example, curtail retirement plan contribution limits or require taxpayers to make Roth-only contributions." MORE >>
American Retirement Association [ARA]
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Choosing the Correct Definition of Compensation for Your Plan
"Within a plan, compensation is used for at least four different purposes, and the definitions of compensation can be different for each purpose.... Preapproved plan documents will include sections where the various definitions are outlined ... These definitions overlap in
many ways.... Advisors should talk with their clients about compensation during the initial plan design process, and the issue should be touched on periodically thereafter with the plan sponsor, in case their typical employee population or compensation practices shift." MORE >>
Ferenczy Benefits Law Center
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Rising Hardship Withdrawals Putting Retirement at Risk
"Hardship withdrawals can carry significant long-term financial consequences, especially since funds cannot be paid back to the plan.... By implementing proactive strategies, organizations can help workers build financial resilience while preserving retirement
funds." MORE >>
FiduciaryAdvisors LLC
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U.S. Annuity Providers Sharpening Focus on In-Plan Solutions
"In the immediate term, respondents expect the biggest trend to be the continued rise of Registered Index-Linked Annuities (RILAs), but over the next three years, respondents believe that increasing in-plan annuity adoption will become the dominant trend.... [R]oughly 8 in 10
(79%) respondents are viewing in-plan retirement income as a top three priority. Additionally, over half of respondents indicate that they already offer an in-plan solution, while another third say they are actively exploring product development." MORE >>
American Retirement Association [ARA]
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Pension Risk Transfer Pricing Update, May 2025
"With the 90-day tariff extension closing soon, plan sponsors should act quickly before volatility returns.... Annuity purchase interest rates have risen since last month, leading to a corresponding decrease in annuity pricing. As of now, the average duration-7 rate stands at
4.92%, and the average duration-15 rate is at 5.07% -- marking an increase of nearly 20 basis points since the start of the year." MORE >>
October Three Consulting
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How Public Pension Plans Have Diversified Their Investments Amid Changing Markets (PDF)
36 pages. "From 2001 to 2023, the average plan reallocated about 20 percent of its assets from public equity and fixed income into private equity, real estate, hedge funds, and other alternative investments.... When compared to a 'traditional' 60/40 or 70/30 public
stock/bond portfolio, the diversified portfolios of public pension plans in the U.S. mostly outperformed following the [Global Financial Crisis of 2008] ... U.S. public plans have largely met or exceeded [their actuarial assumed rate of return] over rolling five- and 10-year periods that correspond with greater diversification and lower actuarial assumed rates of return." MORE >>
National Institute on Retirement Security [NIRS]
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Public Pension Funding Report: Mid-2025 Update
"Public pension systems that ended their fiscal years in June or July of 2024 have been updated. With these additions, the total unfunded public pension liability was $1.61 trillion, up from $1.59 trillion. Correspondingly, the median funded ratio across public pension plans
decreased marginally from 76% to 75.8%.... [U]nder a major market shock, defined as a 10% loss, ... unfunded liabilities are now projected to reach $2.29 trillion by 2025, up from [the] previous estimate of $2.16 trillion." MORE >>
Reason Foundation
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Benefits in General |
[Guidance Overview]
Alabama Launches First-In-The-Nation Tax-Friendly Portable Benefits for Independent Contractors and Gig Workers
"Under a new law taking effect December 31, 2025, companies, including application-based entities, can voluntarily contribute to a contractor's portable benefits -- like health insurance, retirement savings, and life insurance -- with a win-win tax effect: employers can
deduct the cost, and workers don't pay taxes on the value received. This novel approach could reshape how businesses support gig workers and freelancers without risking a misclassification finding." MORE >>
Fisher Phillips
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Massachusetts Court: State's Noncompetition Agreement Act Does Not Cover Breach of Nonsolicitation Agreement Triggering Forfeiture Clause
"The Court engaged in careful statutory analysis of the employee's argument that the term 'competitive activities' in the definition of forfeiture for competition agreement is broader than the phrase 'certain specified activities competitive with' in the
definition of noncompetition agreement. Finding it would render the statute internally contradictory, the Court rejected this argument." [Miele v. Foundation Medicine, Inc., SJC‑13697 (Mass. S.J.C. June 13, 2025)] MORE >>
The Wagner Law Group
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Reinsurance Sidecars: Structure, Benefits and Recent Market Developments
"[B]oth data providers and market participants report that sidecars have recently been capturing an increasing amount of capital from traditional insurance investors (such as pensions) and from other investors (such as hedge funds and special situations funds) looking to capture
returns from the higher property and casualty insurance rates. Since 2019, sidecar transactions have also been implemented to support retrocession of life and annuity risks." MORE >>
Thomson Reuters Practical Law
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Executive Compensation and Nonqualified Plans |
[Guidance Overview]
Section 83(b) Election Provides Important Tax Strategy
"[T]he 83(b) election provides for potential tax savings, both up-front and in total.... [T]he employee should consider whether they will remain employed at the company meeting performance metrics during the vesting period, if the company's stock valuation is expected to
increase, and if the tax liability associated with the election is affordable." MORE >>
Withum Smith+Brown, PC
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Employee Benefits Jobs
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Selected New Discussions |
Funds Accumulated for at Least Two Years: Meaning?
"Plan allows for 59 1/2 withdrawal but only: the portion of your account being withdrawn has accumulated in the Plan for at least two [2] years. What does that mean? Up to the account balance two years ago? Or everything now minus any contributions in the past 24
months? For example, my account is worth $10,000 now but I added $1,500 in contribs in the past 2 years. Two years ago, the account was worth $7,900. how much can I take? $8,500 or $7,900?"
BenefitsLink Message Boards
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414(s) Test
"I'm a plan auditor and have a 401(k) Plan that excludes bonuses from its definition of compensation, so it gets tested under 414(s). The Plan does fail the ADP test and the needed corrections were made. The 414(s) test also appears to fail, but its interesting because the
HCE% is 90% and the NHCE ratio is 95%, so it's actually a -5% difference, meaning the test shows that more compensation is being excluded for the HCE group than the NHCE group. Given the rules apply to protect the NHCE group, would you consider this a non-issue for compliance purposes?"
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
Callan's 2025 Defined Contribution Trends Survey Results
RECORDED
Callan
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What Keeps CHROs Up at Night?
July 8, 2025 WEBINAR
Worldwide Employee Benefits Network [WEB]
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Last Issue's Most Popular Items |
Text of IRS Request for Comments on Procedures for Determination Letters and Other Rulings
Internal Revenue Service [IRS]
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DOJ Says Supreme Court Should Hear Withdrawal Liability Case
Segal
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DOL Rescinds Guidance Discouraging Plan Fiduciaries from Considering Cryptocurrencies
Mayer Brown
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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