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Retirement Plans Newsletter

June 25, 2025

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💼  3 New Job Opportunities

 

[Official Guidance]

Draft of 2025 IRS Form 5329: Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts (PDF)

Jun. 25, 2025. "Attach to Form 1040, 1040-SR, 1040-NR, or 1041.... If you only owe the additional 10% tax on the full amount of the early distributions, you may be able to report this tax directly on Schedule 2 (Form 1040), line 8, without filing Form 5329."  MORE >>

Internal Revenue Service [IRS]

California District Court Dismisses Plaintiff's ERISA Fiduciary/Forfeiture Claim with Prejudice

"The court held that [the plan] language 'does not in fact allow Defendants to use forfeited funds to pay participants' share of administrative expenses.' ... Plaintiff's argument is, in effect, that where the plan gives fiduciaries discretion to allocate forfeitures for the plan participants' benefit, under ERISA' duty of prudence and (especially) duty of loyalty, the fiduciaries are under a legal obligation to do so. The court found that this theory 'contravenes ERISA and decades of settled precedent.' " [Wright v. JPMorgan Chase & Co., No. 25-0525 (C.D. Calif. Jun. 13, 2025)]  MORE >>

October Three Consulting

Plan Forfeitures: Recent Lawsuits Create Uncertainty

"[S]teps plans can take to minimize their risk ... [1] review plan documents to ensure that the use of forfeitures is consistent with the plan's requirements.... [2] if the plan gives fiduciaries discretion over the use of forfeitures, consider amending the plan to specify how forfeitures must be used.... By taking discretion out of the equation, it is more difficult for plaintiffs to allege a breach of fiduciary duty."  MORE >>

ORBA

Generating Retirement Income: Popular Retirement Portfolio Strategies

"Investors can't agree on the best way to set up a retirement portfolio. For some, dividends and interest payouts are the main priorities. For others, growing their portfolio is top of mind. So, what is the best way to generate income in retirement? [This article considers] three popular approaches: [1] Income-centric; [2] Total return; [3] Hybrid."  MORE >>

Morningstar

401(k)s May Be Paying More for Less

"In a study of over 50,000 corporate 401(k) plans, 99% were found to have at least one fund with a cheaper, higher-performing alternative available to plan participants.... Using fund performance from the last 10 years, the study found that 94% of plans contained at least three funds with cheaper and higher-performing alternatives, while 85% had at least five other alternatives. Over 70% had at least 10 funds over three- and five-periods, and more than 40% contained at least 10 funds over a period of 10 years."  MORE >>

401(k) Specialist

Roth TSP mistakes to Avoid

"Tax-free Roth Thrift Savings Plan accounts get a lot of attention, and rightly so. Tax-free growth combined with tax-free withdrawals after decades of compounding can be a powerful tool for retirees. However, there are mistakes that federal employees can make, which will transform their tax-free dollars into taxable dollars, plus a 10% penalty in some scenarios."  MORE >>

Government Executive

Longevity and Optimal Pension Fund Equity Exposure: Empirical Evidence on Life-Expectancy

"This paper investigates how the increase in life expectancy affects the equity allocation of pension funds across 12 OECD countries from 2010 to 2022.... [F]indings reveal a positive and significant association between life expectancy and pension funds' equity exposure in market-oriented financial systems, due to investors' higher financial literacy, lower risk aversion and greater stock market development. This relationship is further amplified in high-yield stock market environments, while market volatility and capitalization play no role."  MORE >>

Rosa Cocozza, Domenico Curcio and Serena Gallo, via SSRN

[Opinion]

Social Security at 90: Policy Options for Strengthening the Program's Finances and Avoiding Automatic Benefit Cuts (PDF)

30 pages. "[R]evenue increases for Social Security have strong public support and would allow lawmakers to address solvency without worsening seniors' economic security.... [U]nless lawmakers adopt a package that would rapidly bring significant revenues into the system in the coming decade, they may need to consider some form of general revenue financing on at least a temporary basis, as a stopgap measure to avoid substantial benefit reductions in 2034."  MORE >>

National Academy of Social Insurance [NASI]

Benefits in General

House Bills Target DOL's ERISA Enforcement, Litigation Activity

"[The EBSA Investigations Transparency Act (HR 2869)] would require DOL to make annual reports to Congress about ERISA investigations and targeted compliance monitoring conducted by [EBSA]. [The Balance the Scales Act (HR 2958)] would prohibit the agency from sharing information obtained during EBSA investigations with private litigants without first notifying affected plan sponsors and fiduciaries. Both bills were referred to the House Education and Workforce Committee."  MORE >>

Mercer

Executive Compensation and Nonqualified Plans

Executive Compensation 101: Executive Severance Fundamentals

"[This article provides] answers to questions finance and HR leaders often ask about executive severance, including how to structure it at different growth stages, common mistakes to avoid, and how to stay competitive while meeting the expectations of the board and investors."  MORE >>

Sequoia

Employee Benefits Jobs

💼

Plan Consultant - Specializing in Defined Benefit and Defined Contribution Plans

AimPoint Pension

Remote

View job as Plan Consultant - Specializing in Defined Benefit and Defined Contribution Plans for AimPoint Pension

💼

Retirement Plan Consultant

Sentry Insurance

Stevens Point WI / Hybrid

View job as Retirement Plan Consultant for Sentry Insurance

💼

Associate, Special Markets & TPA Relationships

Vestwell

Austin TX / King of Prussia PA / New York NY / Hybrid

View job as Associate, Special Markets & TPA Relationships for Vestwell

Selected New Discussions

Safe Harbor Match to HCE

"We have a client that made the Safe Harbor Match to all of the Non-Highly Compensated employees. When it comes to the HCE there are three, the owner, his wife and their son. Obviously there's no such thing as discrimination to a Highly Compensated Employee and they don't have to make the Safe Harbor Match to themselves. I assume there is no issue, then, if they want to provide the Safe Harbor Match to their son, but not themselves? I don't see an issue, I just want to make sure I'm not overlooking anything."

BenefitsLink Message Boards

Press Releases

Vestwell Launches Retirement Solution for Amazon Delivery Service Partners (DSPs) Program

Vestwell

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Beneath the Service: Administration Beyond the Distribution Policy

RECORDED

McDermott Will & Emery LLP

What the Supreme Court’s ERISA Decision Means for Retirement Plans

RECORDED

CAPTRUST Financial Advisors

5500 Season Simplified: Navigate Compliance with Confidence

July 9, 2025 WEBINAR

Pentegra

EPCRS Case Studies: Fixing Broken Plans

July 21, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

MEPs and PEPs

August 7, 2025 WEBINAR

ASC

Last Issue's Most Popular Items

Retirement Plan Compliance: What Sponsors Must Do Before 2026

Nixon Peabody LLP

Why Isn't the Student Loan Match More Popular?

Plan Sponsor Council of America [PSCA]

De Minimis Compensation: Don't Count It Out

KLB Benefits Law Group

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

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