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Retirement Plans Newsletter
July 17, 2025
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💼 3 New Job Opportunities
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[Guidance Overview]
IRS Issues Guidance on Income Tax Withholding and Reporting for Uncashed Retirement Plan Distribution Checks
"Rev. Rul. 2025-15 addresses the following issues. Is an adjustment or refund available under IRC Sections 6413 and 6414 for
amounts withheld and remitted regarding the first check? What federal income tax withholding obligations apply regarding the second check? What reporting obligations apply under IRC Section 6047(d) regarding the first check and the second check?" MORE >>
American Retirement Association [ARA]
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District Court Finds No Fiduciary Breach Where Plan Language Clearly Earmarked Forfeitures (PDF)
"Another in a continuing line of plan asset forfeiture cases out of California ends in the employer's favor chiefly due to solid plan language, demonstrating the advantage of intentional drafting. Here, the applicable plan language did not merely give the fiduciaries
discretion to use forfeitures to pay plan expenses and future contributions, but, in fact, required that they do so. " [Wright v. JPMorgan Chase & Co., No. 25-0525 (C.D. Calif. Jun. 13, 2025)] MORE >>
Thomson Reuters / EBIA
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WakeMed Health Sued for Using 'Millions' of 403(b) Plan Forfeitures for Its 'Own Self-Interest'
"The suit alleges that the defendants 'based the decision of how to allocate forfeitures solely on the company's own self-interest and failed to consider … the interests of the plan and its participants.' In the past two years, at least 50 class-action
401(k) lawsuits have been filed by plan participants over misuse of forfeited assets from former employees." [Tillery v. WakeMed Health & Hospitals, No. 25-0408 (E.D. N.C. complaint filed Jul. 10, 2025)] MORE >>
Treasury & Risk; login may be required
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$23 Million in Attorneys' Fees Requested as Part of $69 Million Settlement of UnitedHealth 401(k) Suit
"The attorneys ... included one-third of the settlement amount in fees, [along with] $735,163 in litigation costs ... The $69 million deal ... is widely recognized to be the largest ERISA settlement for breach of fiduciary duty based on the plan's failure
to remove a poorly performing Wells Fargo investment option." [Snyder v. UnitedHealth Group, No. 21-1049 (D. Minn. proposed settlement filed Dec. 13, 2024)] MORE >>
Hall Benefits Law
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Is Recency Bias Undermining Your Fiduciary Duty?
"While the mechanics of recency bias are nothing new to wealth management professionals, its real-world implications for retirement plan participants and, by extension, plan sponsors, are more pressing than ever. In investment terms, employees often expect recent high returns to
continue indefinitely, leading them to underestimate potential market volatility. This can distort participants' investment decisions, creating fiduciary challenges for plan sponsors." MORE >>
Corporate Compliance Insights
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Private Equity in 401(k)s: A Regulatory Crossroads for Retirement Savings?
"U.S. regulators (SEC/DOL) and lawmakers are advancing proposals to allow private equity in 401(k) plans ... Retail investors face existential risks compared to institutional peers, with fees 67x higher than index funds and no capacity to absorb illiquidity. Experts urge
savers to demand transparency, limit exposure, and advocate for ERISA-aligned regulations prioritizing pecuniary investor protections." MORE >>
AInvest
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Massachusetts Considers Requiring More Disclosure by 403(b) Administrators
"Administrators of 403(b) plans in the Bay State would be subject to heightened disclosure requirements if legislation before both chambers of the Massachusetts legislature is enacted.... It would require companies administering such plans to disclose, for each
investment ... [1] fee ratio; [2] returns; [3] net of fees; and [4] amount of compensation sales agents receive." MORE >>
American Retirement Association [ARA]
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Fee Savings from CITs in 403(b)s Could Cover 6 Months of Retirement
"[A]llowing collective investment trusts (CITs) in 403(b) plans could save the median plan participant about 0.08% to 0.09% annually compared to mutual fund fees -- translating into $23,000-$28,000 less paid in fees by age 65 for someone earning $74,000 a year. That's
enough to cover six months of living expenses in retirement for one person." MORE >>
The Rosenbaum Law Firm, P.C.
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Annuity Fees: What You Don't Know Could Cost You Thousands in Retirement
"With hundreds of annuities in the market to choose from, some will cost you more than others. It doesn't help that there are a variety of potential fees from administrative costs to commissions that can be hard to spot and will ultimately impact your payouts. How much is too
much when it comes to fees, and how do you know if you're paying too much?" MORE >>
Kiplinger
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Pension Fund Repaid $7.6 Million in Excess Special Financial Assistance Funds (PDF)
"PBGC OIG investigated the Trucking Employees of North Jersey and determined the plan included 89 deceased participants among the more than 6,100 plan participants used in the plan's SFA application.... [B]ecause of the inclusion of deceased participants, the Trucking
Employees of North Jersey's SFA payment was overstated by approximately $7.6 million. The Board of Trustees for the Trucking Employees of North Jersey fully cooperated with PBGC OIG's investigation and voluntarily repaid the entirety of the excess SFA funds on July 2, 2025." MORE >>
Office of Inspector General, Pension Benefit Guaranty Corporation [PBGC]
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[Opinion]
How AI Slop Compromises Investment Decision Making
"The exponential growth of misleading content -- misinformation, disinformation, and AI slop -- is polluting digital ecosystems. Compounding the risk is the fact that no current detection system can reliably verify the authenticity of all forms of digital information.
Institutional allocators may not even be aware of the systemic risk they face, which could compromise investment outcomes on an unprecedented scale." MORE >>
Institutional Investor
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Benefits in General |
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[Official Guidance]
IRS Disaster Relief Notice NM-2025-03, for Taxpayers Impacted by Severe Storms, Flooding, and Landslides in New Mexico
"[I]ndividuals and businesses in parts of New Mexico affected by severe storms, flooding, and landslides that began on June 23, 2025 ... now have until Feb. 2, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals
and households residing or having a business in Chaves, Lincoln, Otero, and Valencia counties qualify for tax relief." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Employee Benefit Provisions in the One Big Beautiful Bill Act
"The OBBBA contains a number of provisions that impact employee benefit matters, including changes to: [1] controlled group application to the limits to deductibility of certain compensation in excess of $1 million, [2] health savings accounts, [3] dependent
care assistance plans, [4] 529 savings accounts, [5] ABLE accounts, [6] new Trump savings accounts, [7] transportation fringe benefits, [8] employer payments of students loans, [9] paid family and medical leave credit for the employer, [10] moving expenses and [11] Federal student loan changes[.]" MORE >>
EBEClaw
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Senate HELP Committee Hearing: Freedom to Work: Unlocking Benefits for Independent Workers
Committee on Health, Education, Labor and Pensions, U.S. Senate
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Employee Benefits Jobs
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Selected New Discussions |
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Incentive Stock Options: What Constitutes Termination of Employment
"I know ISOs are exempt from 409A. In an ISO, you have to be an employee and you only have a limited time post-employment to exercise the ISO. Under 409A there are specific rules for what it means to have a termination of employment / separation from service. Is there a similar
rule for an ISO? In other words, can a company continue to employ someone at a very low level (e.g. 10% of previous service level) and still let them vest/exercise the ISO during that period (i.e. treat them as still an employee)? I know under 409A, that would be a separation (below 20% previous service level), but I can't find any similar guideline for ISOs."
BenefitsLink Message Boards
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ADP Test: Can Switch from Prior to Current After EOY?
"When running the ADP test, I recall it's easier to switch from prior to current year testing than vice versa. I also recall that it must be done by end of the plan year. I'm curious if there are options to change it from prior to current after the end of the plan
year?"
BenefitsLink Message Boards
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Press Releases |
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NAGDCA Announces Winners of 2025 Leadership Awards
NAGDCA [National Association of Government Defined Contribution Administrators]
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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How to Become a Micro-Influencer in the Retirement Space
July 17, 2025 PODCAST
401(k) Marketing
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Unfunded and Withdrawal Liabilities: What Every Pension Leader Needs to Know
July 29, 2025 WEBINAR
PBI Research Services
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PEPs, MEPs and PEOs!
August 1, 2025 WEBINAR
NAPEO [National Association of Professional Employer Organizations]
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Last Issue's Most Popular Items |
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Text of IRS Rev. Rul. 2025-15: Withholding and Reporting with Respect to Uncashed Retirement Plan Distribution Checks (and Subsequent Checks) (PDF)
Internal Revenue Service [IRS]
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DOL Supports Employers in Forfeiture Allocation Litigation
The Wagner Law Group
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Why PEPs Are Gaining Ground, and What That Means for the Future of MEPs
401(k) Specialist
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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