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Retirement Plans Newsletter

July 11, 2025

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[Guidance Overview]

Trump Accounts as an Employee Benefit

"Starting July 4, 2026, employers can contribute up to $2,500 tax-free (indexed) each calendar year to the [Trump Accounts (TAs)] of employees' dependents.... [T]here is no option for employees to contribute through payroll on a pre-tax basis to TAs ... Nor is there the option to embed tax-free TA contributions in a broader arrangement such as flex credits through a cafeteria plan or a lifestyle spending account (LSA)."  MORE >>

Newfront

[Guidance Overview]

DOL Removes 2008 Safe Harbor on Selecting 401(k) Plan Annuity Providers; Statutory Safe Harbor Remains (PDF)

"While relatively few 401(k) plans typically offer annuity distribution options, fiduciaries for those that do should look to ERISA Section 404(e) for guidance on prudently selecting annuity providers. Keep in mind that this is a safe harbor; fiduciaries who do not follow these guidelines may nevertheless be able to demonstrate that they engaged in a prudent selection process"  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Avoiding Impermissible CODAs in Governmental Pension Plan Reform and Enhancement

"Mandatory employee contributions to a governmental retirement plan can be picked-up and treated as pre-tax contributions only if two conditions are met: [1] the plan requires the pick-up and [2] the employee has no election with respect to the amount or duration of the contribution after the employee's initial employment."  MORE >>

Ice Miller LLP

Rollover Provisions of DOL Fiduciary Rule Vacated by Federal District Court

"[T]he notion that a rollover recommendation could be viewed as the first in a series of transactions that could constitute a 'regular basis' -- was seen as being beyond the [DOL]'s authority.... [T]his is the second federal court holding that the long-standing assessment of what constitutes a 'regular basis' would be reinstated -- and that while advice to the participant in the plan would continue to carry a fiduciary relationship to a rollover recommendation, a separate rollover recommendation by an advisor without that prior relationship will (still) be a separate matter."  [FACC v. DOL, No. 22-0243 (N.D. Tex. Jul. 9, 2025)]  MORE >>

American Retirement Association [ARA]

Supreme Court to Address Timing of Actuarial Assumptions in Determining Multiemployer Plan Withdrawal Liability

"If the Court affirms the D.C. Circuit, it may result in less predictable cost estimates for employers. Employers have the right to request estimates of their withdrawal liability annually, but the usefulness of those estimates in making business decisions is diminished when plans and actuaries are able to retroactively change assumptions." [M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 22-7157 (D.C. Cir Feb. 9, 2024; cert. pet. granted Jun. 30, 2025 No. 23-1209)]   MORE >>

Winston & Strawn LLP

From Debt to Retirement: Helping Employee Navigate Immediate Student Loan Repayment Laws

"Creating mental health and financial guidance practices can make a significant impact.... A well-structured financial education program can help your employees understand the importance of managing their repayment in a way that minimizes long-term negative impacts.... Employers are now able to offer assistance through student loan matching contributions ... to their retirement plan."  MORE >>

OneDigital

Best Practices for Defined Benefit Plan Administration

"The four pillars of plan administration are the cornerstones that build an effective plan. They include data management, compliance and governance, communication, and cost controls. And though not mutually exclusive, many of them build upon one another."  MORE >>

October Three Consulting

Engineering Reliable Retirement Income in 2025

"Retirement planning in 2025 isn't about chasing returns or clinging to old rules. It's about building a system -- an income engine -- that balances predictability, flexibility, and peace of mind. Annuities and bucket strategies can be two powerful tools in that system. Used together, they help answer the question every retiree faces: 'Will I have enough -- and will it last?' "  MORE >>

Kiplinger

[Opinion]

AICPA Comment Letter to IRS About Proposed Regs for Roth-Mandated Catch-Up Contributions (PDF)

"The AICPA recommends that Treasury and the IRS provide a safe harbor permitting all plan administrators to rely on wage information as reported on Forms W-2 when determining whether employees have exceeded the catch-up wage threshold for purposes of the Roth Mandate.... The AICPA recommends that Treasury and the IRS articulate a position on whether a disregarded entity is treated as a separate 'employer sponsoring the plan' for purposes of Prop. Reg. 1.414(v)-2(b)(3) and (4)."  MORE >>

AICPA

Executive Compensation and Nonqualified Plans

Equity Compensation Primer: ISOs v. NSOs

"Many early-stage companies give employees, consultants, advisors, board members and other service providers an opportunity to own a stake in the company through the grant of compensatory stock options.... This article explains why companies grant options to service providers and summarizes the key differences between the two types of options: incentive stock options (ISOs) and non-qualified stock options (NSOs)."  MORE >>

Pillsbury Winthrop Shaw Pittman LLP

Employee Benefits Jobs

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Client Service Manager

July Business Services

Remote / Waco TX

View job as Client Service Manager for July Business Services

Selected New Discussions

How Does SSFA Affect Existing QDRO?

"My ex was a teacher who did not contribute during that time into SS. Now with the Social Security Fairness Act she will get that. Am I due a portion of that now?"

BenefitsLink Message Boards

Company Closing; Can't Afford Safe Harbor Match

"What options, if any, are there for a company that fell upon hard times very recently. They have a basic safe harbor match in the plan and the owner is asking is there any way to get out of that for 2025 (calendar year plan)? No HCEs have made a 401k contribution for 2025 and have no plans to do so. Just the NHCEs."

BenefitsLink Message Boards

Prevailing Wages Issues

"This is actually a 2 part question for me: [1] I have a client in which a certain class of employees earn regular wages from the company as well as prevailing wages from the contract company. I know that since prevailing wages and the regular wages are part of the W-2 income, the plan cannot exclude prevailing wages. However, prevailing wages can be used to offset employer contributions. Will the prevailing wages used to reduce employer contributions also reduce the total reported income on the W-2? [2] When combining the regular wages and prevailing wages, some of these employees will be classified as HCEs (solely based on compensation) when their YTD total wages are prorated. Is there a way for these people to remain NHCEs? I'm trying to reduce/eliminate as many issues so that the plan can operate smoothly."

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Growing Area of Focus in Litigation: Fixed Annuity Products in Retirement Plans

July 11, 2025 WEBINAR

Multnomah Group

Recordkeepers' Efficient Frontier: Thriving or Just Surviving?

August 7, 2025 WEBINAR

TRAU [The Retirement Advisor University]

Last Issue's Most Popular Items

2025 Tax Bill Provides Key Changes for Savers

Ascensus

The One Big Beautiful Bill's Impact on Employee Benefits

Seyfarth Shaw LLP

District Court Provides a Practical Discussion of What Constitutes a Prudent Fiduciary Committee Process

October Three Consulting

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

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