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Retirement Plans Newsletter

July 8, 2025

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💼  2 New Job Opportunities

 

[Official Guidance]

IRS Updates List of Cycle 2 403(b) Pre-Approved Plans

"This list includes pre-approved plans that were submitted to the IRS for opinion letters from May 2, 2022 to May 22, 2025, covering the 2022 Cumulative List. Rev. Proc. 2021-37 changed the pre-approved program so that Prototype and Volume Submitter plans are combined into a single opinion letter program. Additionally, the types of plans are now reflected simply as either standardized or non-standardized pre-approved plans.... Please note that virtually all opinion letters were issued at the same time, November 29, 2024."  MORE >>

Internal Revenue Service [IRS]

[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!

Sponsored by PlanDataAI LLC

[Official Guidance]

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

10 pages Jul. 1, 2025. "Use Form 5329 to report additional taxes on: IRAs, Other qualified retirement plans, Modified endowment contracts, Coverdell ESAs, QTPs, Archer MSAs, HSAs, or ABLE accounts."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Retirement Plan Disaster Assistance May Be Available for Texas Storms and Flooding

"(FEMA) issued a Major Disaster Declaration on July 6, 2025, for Texas severe storms, straight-line winds, and flooding, for the incident period of July 2, 2025, and continuing. For a limited period of time following a disaster declaration, eligible IRA owners and employer plan participants may take qualified disaster recovery distributions and ... may qualify for plan loan relief and additional hardship distributions."  MORE >>

Ascensus

[Guidance Overview]

Mid-Year Changes to Compensation in a Safe Harbor Plan

"Although Notice 2016-16 provides a helpful checklist for changing the definition of compensation in a safe harbor plan mid-year for safe harbor matching contributions, there is no discussion in the notice regarding whether it is possible to change the definition of compensation mid-year for safe harbor nonelective contributions.... [B]ased on the rules for matching contributions, we can extrapolate that any mid-year change to the definition of plan compensation that affects nonelective contributions must increase safe harbor contributions, be effective for the entire plan year, and satisfy notice requirements."  MORE >>

The Retirement Advantage

Exceptional Usefulness and Quality icon Implications and Action Items for ERISA Attorneys Following Cunningham v. Cornell University

"[A]ttorneys for ERISA fiduciaries must hope that the district courts can quickly develop a body of case law under Rule 7(a)(7) that will allow them to screen out meritless prohibited transaction claims. At the very least, litigation counsel for ERISA fiduciaries should become familiar with case law concerning application of the Rule in their Circuit and prepare to file motions for an order requesting a Rule 7(a)(7) reply in each lawsuit where a prohibited transaction count is alleged." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

Verrill Dana LLP

Pew Urges Focus on Expanding Workplace Retirement Plan Access

"[A recent issue brief] explains how workers who lack access to employer-sponsored retirement savings plans face financial hurdles making it difficult for them to save, and as a result, their future heavy reliance on government-provided social services will come at an enormous cost to both state and federal taxpayers."  MORE >>

401(k) Specialist

How the New $6,000 Tax Deduction for Seniors Really Works

"[T]he federal government is sending mixed messages about the 'elimination' of taxes on Social Security benefits. Taxpayers 65 and older with income under $75,000 (or $150,000 for a couple) can take the new deduction, which expires after 2028. Were taxes on benefits to be eliminated by future legislation, trust fund insolvency projections would worsen."  MORE >>

ThinkAdvisor

People Are Working Longer, But Are They Claiming Social Security Later?

"The bottom line is that 'yes' people are claiming later, but the increase in claiming age is slightly less than what one would expect from the increase in work at older ages -- and that finding holds regardless of whether the focus is people claiming in a given year or people born in a given year."  MORE >>

Center for Retirement Research [CRR] at Boston College

[Opinion]

Things to Worry About, Part 12: Private Funds and 401(k) Plans

"It seems likely that private fund investment options will be introduced into 401(k) plans, perhaps not as standalone investments, but as parts of portfolio investment strategies. Since most plan sponsors lack the knowledge to prudently select and monitor private funds, they will likely rely on their plan advisers to do the analysis for them.... However, there are legal issues under ERISA that impact the inclusion of those investments in participant-directed plans. This article discusses some of those legal issues."  MORE >>

FredReish.com

Benefits in General

[Guidance Overview]

How the Big Beautiful Bill Will Impact Your Employee Benefits and Compensation Strategy

"From additional tax deductions for workers to new savings vehicles for children, the benefits-related sections introduce changes that span traditional compensation structures, family support programs, and organizational compliance obligations."  MORE >>

Amundsen Davis

Legislative Package Would Empower Independent Workers to Access Portable Benefits

"Cassidy's Unlocking Benefits for Independent Workers Act establishes a safe harbor under federal law for companies that would like to voluntarily provide benefits.... Scott's Modern Worker Empowerment Act gives workers clarity and consistency by instituting a single employment test under federal law.... Paul's Association Health Plans Act ... [amends ERISA] to give small business employees, sole proprietors, and gig workers the ability to aggregate together and access health insurance through Association Health Plans (AHPs). "  MORE >>

Committee on Health, Education, Labor and Pensions, U.S. Senate

Enhancing Employee Experience Through Digital Employee Total Rewards

"[A] digital total rewards experience is meant to be up-to-date, personalized, interactive and comprehensive, helping employees clearly understand the full value of what they receive beyond salary. It's accessible anytime, mobile-friendly and can even be aligned with what matters most to each individual. The difference is not just in presentation, but in how effectively the experience drives awareness, appreciation and retention."  MORE >>

Benefitfocus

[Opinion]

Two District Court Decisions Establish Troubling Precedents for Tobacco Surcharge Cases and Other ERISA Cases

"[T]he 'tobacco surcharge' cases are a relatively new development, but they are part of a broader trend of ERISA class action fiduciary litigation that arguably threatens to upset the careful balance that ERISA strikes between the legitimate interests of plan sponsors and participants. As a result, plan sponsors are increasingly being forced to put the threat of the plaintiffs' bar ahead of the interests of the business and their employees when making critical decisions about how to design and operate their plans, or whether to continue offering them at all." [Mehlberg v. Compass Group, USA, Inc., No. 24-4179 (W.D. Mo. Apr. 15, 2025); Bokma v. Performance Good Group, Inc., No. 24-0686 (E.D. Va. May 20, 2025)]  MORE >>

Encore Fiduciary

Executive Compensation and Nonqualified Plans

SEC Conducts Roundtable on Executive Compensation Disclosure Practices

"The first panel focused on the process surrounding executive pay decisions and how investors interpret and consider disclosure.... In the second and third panels, attention turned to the evolution of disclosure rules implemented over the past two decades, including those arising from the Dodd-Frank Act of 2010, and the ways such rules have (or have not) benefitted investors and burdened public companies."  MORE >>

Troutman Pepper Locke

Employee Benefits Jobs

💼

Relationship Manager

Compass

Remote / Stratham NH

View job as Relationship Manager for Compass

💼

Retirement Plan Onboarding Specialist

Compass

Remote / Stratham NH

View job as Retirement Plan Onboarding Specialist for Compass

Selected New Discussions

Return of 415(c) Excess

"8 participants had 415(C) excess. Since they already rolled the funds into the acquiring company plan the correction could not take place at the terminated plan. The new RK has sent a check payable to the terminated plan. Aren't 415 violation able to to be processed/returned from any plan or should we have the check deposited into the terminated plan and then cut a check to the participants (excess amount)?"

BenefitsLink Message Boards

Press Releases

PenChecks Hires Retirement Tech Veteran Rob Klobukowski to Lead Institutional Integrations

PenChecks Trust

The Cerrado Group Announces Leading Retirement Solutions as Newest Member Firm

The Cerrado Group

TRA Expands Sales Force with Appointment of Two New Regional Plan Consultants

TRA [The Retirement Advantage]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Survey of the Retirement Landscape: Challenges and Opportunities for Defined Contribution Specialists

July 10, 2025 WEBINAR

Broadridge

Last Issue's Most Popular Items

One Big Beautiful Bill: The Benefits Provisions (PDF)

Groom Law Group

Cash Balance Plans: The High Earner's Secret Retirement Weapon

Kiplinger

DOL to Review Need for Additional Guidance to Improve PEPs

American Retirement Association [ARA]

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

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