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Retirement Plans Newsletter

June 23, 2025

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💼  2 New Job Opportunities

 

[Guidance Overview]

Must We Provide Notice Before Discontinuing Matching Contributions Under Our 401(k) Plan? (PDF)

"Any changes in the plan's terms must be made by following the plan's amendment procedures and disclosing the changes to participants in a summary of material modifications (SMM) or a revised SPD.... [S]afe harbor matching contributions have specific notice requirements in addition to the SPD or SMM requirements."  MORE >>

Thomson Reuters / EBIA

401(k) Plan Fiduciaries Who Failed to Deposit Participant Contributions Must Repay Plan Within 60 Days (PDF)

"Personal liability for losses to the plan is a significant potential consequence of breaching one's fiduciary duty under ERISA.... [T]his case is a reminder that the DOL will exercise its investigative powers to the fullest extent possible." [Micone v. iProcess Online, Inc., No. 24‑0061 (D. Md. Apr. 21, 2025)]  MORE >>

Thomson Reuters / EBIA

Are Managed 401(k) Accounts Worth the Extra Cost?

"Retirement savers pay annual fees of between 0.4% and 0.6% of the account balance, on average, for a managed account. That's on top of the underlying expenses of the fund.... [Y]ou get a customized asset allocation that accounts for your personal goals, risk tolerance, the different types of income you may have in retirement and when you plan to retire.... The adviser can also help you determine strategies to save more or less in your 401(k), when to start drawing down in retirement and even when it makes sense to do a Roth conversion[.]"  MORE >>

Kiplinger

Is It Worth Delaying Social Security If It Means Withdrawing More from Your 401(k)?

"Here are some important factors to consider: [1] Life expectancy ... [2] Monthly living expenses ... [3] Taxes ... [4] Safety and security."  MORE >>

Nasdaq

What Would Happen to 401(k)s if Social Security Were Privatized?

"[M]any individuals may be compelled to increase their contributions to 401(k) plans.... It's possible businesses would shift the funds normally paid into Social Security taxes to a larger company match or even provide nonelective contributions to each employee's 401(k), even if they don't participate.... Companies may offer access to financial advisors and planning tools to help employees feel more confident about their investment decisions.... If the average worker were to lose part of their Social Security benefits, it could be more difficult to determine the right time to retire."  MORE >>

Motley Fool

[Opinion]

Public Pensions Fertile Environment for Private Equity Political Corruption, Says AI

"Even in these days of its early development, it appears that Artificial Intelligence may already be helpful in explaining the complexities of public pension-private equity corruption and, in so doing, AI will hopefully expose and end these costly abuses."  MORE >>

Edward Siedle

Benefits in General

Puerto Rico Supreme Court Rejects Administrative Agency Deference Standard

"The PR Supreme Court determined that, even if a statute's language may be ambiguous, the final interpretation of such statute is ultimately under the courts' purview and not administrative agencies. Similar to U.S. law, Puerto Rico courts are no longer required to provide deference to administrative agencies." [Vázquez v. Consejo de Titulares y Junta de Directores del Condominio Los Corales, 2025 TSPR 56 (May 21, 2025)]  MORE >>

Haynes and Boone, LLP

[Opinion]

Ninth Circuit Weighs in on the Scope of ERISA Releases

"The intersection of releases with ERISA governed benefits, as well as with a fiduciary's obligations, is a little backwater corner of ERISA law that ... can give rise to a great deal of misunderstanding and confusion in the relationship between plan sponsors and plan participants. This decision -- particularly since its guidance is likely to be borrowed in decisions and lawsuits elsewhere -- will help with those problems." [Schuman v. Microchip Technology Inc., Nos. 24-2624, 24-2978 (9th Cir. Jun. 5, 2025)]  MORE >>

Stephen Rosenberg, The Wagner Law Group

Employee Benefits Jobs

💼

Sr Operations Analyst, Retirement Services (Relius STP & Trading)

American Trust Retirement

Remote

View job as Sr Operations Analyst, Retirement Services (Relius STP & Trading) for American Trust Retirement

💼

Institutional Relationship Manager, Retirement Services

American Trust Retirement

Remote

View job as Institutional Relationship Manager, Retirement Services for American Trust Retirement

Selected New Discussions

Counting of Hours for DC Plan

"I got a question from a client in regards to how they should be counting hours for a Plan Year. Is it the actual hours worked from 1/1 -- 12/31 for that Plan Year? Or should it be based on the hours for the times that match the W2 (for instance, the first payroll on the W2 is all hours worked in the prior year but the pay date carries into January)?"

BenefitsLink Message Boards

Press Releases

American Collective LP Launches Affordable Health Benefit Plans

American Collective LP

American Collective LP Launches Affordable Health Benefit Plans

American Collective LP

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

How Incentives Are Undermining Retirement Plan Outcomes

RECORDED

Multnomah Group

Mandatory Roth Catch-up

July 10, 2025 WEBINAR

Foley & Lardner LLP

Retirement Strategies with Increasing Healthcare Costs

July 31, 2025 WEBINAR

Lorman Education Services

2025 Western Benefits Conference

August 27, 2025 in CA

Western Pension & Benefits Council

Last Issue's Most Popular Items

Correcting a Late Deposit of 401(k) Plan Contributions

Retirement Management Services, LLC

When an Employee Becomes Disabled: A Resource Guide for HR and Benefits Professionals

Foley & Lardner LLP

An Uncertain Future: Retirement Prospects of 4 Generations (PDF)

Transamerica Center for Retirement Studies

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

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