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Retirement Plans Newsletter

July 16, 2025

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[Official Guidance]

Text of IRS Notice 2025-39: Weighted Average Interest Rates, Yield Curves, and Segment Rates for July 2025 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

DOL Supports Employers in Forfeiture Allocation Litigation

"The Ninth Circuit could reject the position taken by the DOL in its entirety. However, a position expressed by the DOL to an appellate court may at a minimum have a chilling effect on future forfeiture allocation litigation challenges. The DOL has at a minimum, provided some hope to those fiduciaries involved in the fifty or so other similar cases that are currently active." [Hutchins v. HP Inc., No. 23-5875 (N.D. Calif. Feb. 5, 2025; on appeal to 9th Cir. No. 25-826; DOL amicus brief filed Jul. 9, 2025)]  MORE >>

The Wagner Law Group

Private Equity for Retirement Savers? Change May Be Coming for 401(k) Plans

"President Donald Trump is expected to sign an executive order aimed at opening 401(k) and other retirement plans to private investments ... The order would mandate the [DOL] and [SEC] to provide guidelines to employers and plan administrators around private investments. These guidelines could assuage plan managers' concerns about legal liabilities around private investments, which have higher fees than many other kinds of investments that currently populate 401(k) plans."  MORE >>

Morningstar

Why PEPs Are Gaining Ground, and What That Means for the Future of MEPs

"While both MEPs and PEPs offer scale, PEPs are designed to streamline operations and reduce risk in a more standardized way.... Trade associations with MEPs often lack the 'central nervous system' of common payroll remittance or integration, whereas PEOs naturally have this built into their ecosystem.... A PEP, supported by a registered PPP and enabled by modern technology, can offer a more cohesive and less burdensome solution[.]"  MORE >>

401(k) Specialist

Mobile, AI, and Beyond: Trends and the Future of Retirement Plan Digital Experiences

"Digital experiences are increasingly important in RFPs and are winning and losing firms millions of dollars.... [C]ustomers have come to expect that they should be able to accomplish anything from their phone that they can do from a computer. This has objectively seeped into how retirement plan participants track and manage their retirement accounts[.]"  MORE >>

Corporate Insight [CI]

[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

The Economics of Providing 401(k) Plans: Services, Fees, and Expenses, 2024 (PDF)

22 pages. "At year‑end 2024, 401(k) plan assets totaled $8.9 trillion, with 38 percent invested in equity mutual funds. In 2024, 401(k) plan participants who invested in equity mutual funds paid an average expense ratio of 0.26 percent....The mutual fund expense ratios that 401(k) plan participants incur have declined substantially since 2000.... Employers and employees generally share the costs of operating 401(k) plans."  MORE >>

Investment Company Institute [ICI]

PBGC Small Single-Employer Plan Oversight to Receive Oversight

"The Office of the Inspector General has announced that it is about to begin an examination of PBGC oversight of small, single-employer pension plans.... The OIG is conducting the review in order to determine if the PBGC adequately reviewed trusteed small, single-employer pension plans."  MORE >>

American Retirement Association [ARA]

A Legislative Template for a Modernized Public Sector Defined Contribution Plan

"This model legislation sets the major elements for the retirement plan, including provisions regarding employee eligibility and participation, vesting, contribution amounts, investment structures, benefit forms, recordkeeper structures, and plan governance and administration. The model legislation also requires communicating with and educating plan participants on the plan and the shared responsibility of employers and employees in creating a successful retirement program. It requires participants to be checked periodically to assess whether each participant is on track to meet their retirement needs and objectives, and to recommend corrective actions."  MORE >>

Reason Foundation

[Opinion]

Important Public Pension Reforms Are Under Threat in Several States

"Without the ability to retain and understand lessons from past mistakes in designing, funding, and managing public pensions, public policymakers are doomed to repeat the same pension management errors and create new cycles of pension problems for the state, local governments, and taxpayers."  MORE >>

Reason Foundation

[Opinion]

Amicus Brief of Employer Organizations to Fifth Circuit on Appeal of District Court Decision Extending Statute of Limitations for Fiduciary Breach Claims (PDF)

36 pages. "[T]he district court's erroneous determination that fiduciary-breach claims under 29 U.S.C. § 1132(a)(3) are not subject to ERISA's statutory time bar in 29 U.S.C. § 1113, but rather only an equitable laches defense, threatens to erase the time limit established by Congress for a cause of action that is frequently invoked in ERISA class actions seeking tens of millions of dollars in supposedly 'equitable' relief. Endorsing that holding would have a profoundly destabilizing effect on plan sponsors and the decisions they make with respect to employee-benefit plans." [Guenther v. BP Retirement Accumulation Plan, No. 16-0995 (S.D. Tex. Mar. 28, 2024; on appeal to 5th Cir. No. 24-20551)]  MORE >>

U.sThe ERISA Industry Committee [ERIC]

Benefits in General

Tenth Circuit Rejects Claim for Pre-Litigation Attorney’s Fees

"[T]he Tenth Circuit agreed with the Ninth Circuit's ultimate decision in Castillo, which was that attorney's fees are not available under Section 1132(a)(3) as a form of equitable relief. The Tenth Circuit ruled that because ERISA explicitly addresses the availability of fees in Section 1132(g), it is improper to apply other provisions in ERISA, such as Section 1132(a)(3), to award the same relief." [Stark v. Reliance Standard Life Ins. Co., No. 24-6137 (10th Cir. July 8, 2025)]  MORE >>

Kantor & Kantor

Employee Benefits Jobs

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Implementation Specialist

Dunbar, Bender & Zapf Inc.

Remote

View job as Implementation Specialist for Dunbar, Bender & Zapf Inc.

Selected New Discussions

Is Auto-Enroll an Actual 'Feature'?

"Client wants to set up a separate plan from its current existing 401(k) plan, in order to cover separately a new group of employees whose employer they'd purchased. Twin plans, so to speak, they'll have all the same contributions options/investments, etc. But, as a new plan, this one's going to be subject to mandatory enrollment, right? The other plan's grandfathered as not to have it, and they don't plan to change that. I don't recall auto-enrollment being something subject to BRF testing. But can anyone confirm/refute that for me? (Leaving aside for now what would actually be tested -- there could be new owner HCEs right away, before we suggest these will all be NHCEs off the jump.)"

BenefitsLink Message Boards

In-Service Distributions from Governmental 457(b)

"An attorney & participant in a governmental 457(b) plan sent a vague email inquiry of statements related to distribution rules. The one that has me stumped is, 'The SECURE Act of 2019 permitted in-service distributions from governmental 457(b) plans if the plan fails to offer a specific in-plan annuity option.' My experience is mostly in the ERISA space, but I cannot find anything specific surrounding this statement in the original SECURE Act or other legislation. Ultimately, I believe he's fishing to take an in-service distribution.

"The NRA is 65 and in-service distribution age is 70.5. (This individual is 58 and married.) The Adoption Agreement allows for life and joint life annuitization, so I believe it nullifies an in-service distribution 'mandate,' if you will, from any legislation. That said, the document language does not state if the annuitization option is available pre-70.5 for active employees. If allowed, it also does not specify if he chooses to annuitize, could he:

  1. Do a partial annuitization? (As he has a sizeable balance, over $500k.)
  2. Continue to make elective deferrals?

If anyone has any insight or experience with similar scenarios, I'd love to hear some thoughts."

BenefitsLink Message Boards

Press Releases

CalPERS Announces New Pharmacy Benefits Contract With CVS Caremark to Foster Affordability and Improve Quality

CalPERS [California Public Employees' Retirement System]

Inspira and ASC Enhance Integration to Simplify Rollover Compliance for Retirement Plan Administrators

ASC

CalPERS Announces Health Plan Premiums for 2026

CalPERS [California Public Employees' Retirement System]

MissionSquare Teams Up with Income America to Offer Customers a New Retirement Income Solution

MissionSquare Retirement

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

What the One Big Beautiful Bill Act Means for Employers

July 16, 2025 WEBINAR

Epstein Becker Green

From 401(k) to Radish: The Evolution of Retirement Plans and the Future of Incentivized Savings

July 24, 2025 WEBINAR

Broadridge

Last Issue's Most Popular Items

Text of IRS Notice 2025-40: Updated Static Mortality Tables for Defined Benefit Pension Plans for 2026 (PDF)

Internal Revenue Service [IRS]

Roth Conversions Are Trickier Under New Tax Law

ThinkAdvisor

The DOL's Focus on Conflicts of Interest, Part 2: Custodian Revenue Sharing Payments (PDF)

Journal of Pension Benefits

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

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