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Retirement Plans Newsletter

July 22, 2025

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[Guidance Overview]

IRS Clarifies That Failure to Cash Checks Does Not Affect Withholding or Reporting

"Although not discussed in [Rev. Rul. 2025-15], the IRS's holdings are consistent with general constructive receipt principles, under which an individual cannot affect their tax obligations by turning their back on compensation."  MORE >>

Proskauer

[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

Supreme Court Will Hear Multiemployer Withdrawal Liability Case

"The Supreme Court ... has limited its review to the following issue: Whether [ERISA's] instruction to compute withdrawal liability 'as of the end of the plan year' requires the plan to base the computation on the actuarial assumptions most recently adopted before the end of the year, or allows the plan to use different actuarial assumptions that were adopted after, but based on information available as of, the end of the year." [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 >>

October Three Consulting

Deepfaked Fiduciary: The AI Threat Nobody’s Talking About

"The threat of deepfake-enabled fraud is no longer theoretical. For retirement plan fiduciaries, the convergence of emerging AI capabilities, publicly available participant data, and legacy plan processes (like paper forms) creates an urgent need to reevaluate both operational safeguards and fiduciary awareness. The unfortunate reality is that many fiduciaries remain unaware of the personal liability they shoulder or the specific vulnerabilities that exist within their plan's administrative framework."  MORE >>

Aldrich Wealth

Micro Plan Surge: 90% of 401(k)s by 2029

"The biggest growth in the number of 401(k) plans offered in America over the next five years will overwhelmingly come from the small or 'micro' 401(k) plan market -- consisting of plans with less than $5 million in assets.... Cerulli expects 92% of all 401(k) plans will be in the micro plan segment by 2029 ... [and] forecasts there will be more than one million 401(k) plans by the end of the decade -- an increase of 36% over the next five years."  MORE >>

401(k) Specialist

A Mid-Year Outlook on PEPs

"Five industry experts weigh in on the benefits, the challenges and the misconceptions associated with pooled employer plans.... More than four years and $10 billion in assets into their launch, pooled employer plans remain far from the finished product."  MORE >>

PLANSPONSOR; login may be may be required

Proposal Would Incentivize Small Nonprofits to Offer Retirement Plans

"Both Houses of Congress have introduced the 'Small Nonprofit Retirement Security Act' [HR 4548; S 2365] which would provide a tax credit of up to $5,000 for the three years of a retirement plan's operation and an additional $500 for auto-enrollment features. Since nonprofits generally do not have an income tax liability, the credit will be delivered against their payroll tax liability."  MORE >>

American Retirement Association [ARA]

Personalizing Your Retirement Plan for Maximum Impact

"This strategy challenges conventional retirement rules of thumb by combining traditional savings, home equity and annuities to provide higher income and liquid savings and help cover long-term care costs."  MORE >>

Kiplinger

The Funded Status of Public Plans Keeps Improving

"The estimated ratio of pension assets to promised benefits has increased over the last two years by 1.5 percentage points to 77.7 percent. This increase reflects a boost in assets from higher contributions and solid returns, and the realization of benefit cuts scheduled for new employees. The impact of these positive fundamentals is partially offset by: [1] negative cash flows associated with maturing plans; and [2] basic growth in benefit liabilities."  MORE >>

Center for Retirement Research [CRR] at Boston College

[Opinion]

For Retirement Savers, 60 Is the New 30

"Many clients will be retired 35 years or longer, and a 60/40 asset allocation won't cut it. Reducing retirement withdrawal rates isn't the answer. For most clients, a much higher allocation to stocks ought to be held well into their 70s and 80s."  MORE >>

ThinkAdvisor

[Opinion]

The Key to Elevating 401(k) Advisors in a Booming DC System

"Beyond fees, funds, fiduciary and even financial wellness, what does it take to be a great advisor? Clearly the answer is courage.... Which raises the existential question of why advisors do what they do, or their mission statement -- to help people or make money? While not mutually exclusive, which comes first and which trumps the other when difficult decisions need to be made?"  MORE >>

WealthManagement.com

Benefits in General

[Guidance Overview]

Exceptional Usefulness and Quality icon Employee Benefits Provisions of the One Big Beautiful Bill

"Tax-exempt organizations with employees who earn $1 million or more may have increased tax liability ... particularly due to severance agreements. However, beginning in 2026, organizations will no longer need to track the top highest paid employees.... If individuals lose ACA premium tax credits, they may instead seek enrollment in employer sponsored plans that could increase plan costs ... Bronze and catastrophic plans are treated as HDHPs regardless of their deductible levels and out-of-pocket maximums."  MORE >>

Ice Miller LLP

TIGTA Snapshot Report: IRS Workforce Reductions as of May 2025 (PDF)

"According to IRS records, 25,386 employees separated, took a DRP offer, or used some other incentive to leave. Another 294 employees were sent termination notices due to RIF actions. These departures represent 25 percent of the IRS's [total] workforce ... [A]pproximately 27 percent of tax examiners separated, while 26 percent of revenue agents separated.... Business Units affected by the separations [include]: 569 employees, or 25%, of the Tax Exempt & Government Entities (TE/GE) unit."  MORE >>

Treasury Inspector General for Tax Administration [TIGTA[

House HELP Subcommittee Hearing: Restoring Trust: Enhancing Transparency and Oversight at EBSA

Video of July 21 hearing. Opening Statement by Chairman Rick Allen (R-GA), and witness testimony from: [1] Mr. Lars Golumbic, Groom Law Group; [2] Mr. Andy Banducci, ERISA Industry Committee; [3] Ali Khawar, FCP, LLC; and [4] Mr. Jim Bonham, Employee Stock Ownership Association.  MORE >>

Committee on Education and the Workforce, U.S. House of Representatives

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Introduction to Section 280G in M&A Transactions

"Section 280G of the Internal Revenue Code is ... aimed at curbing excessive payouts (i.e., golden parachute payments) in connection with a merger or acquisition of a U.S. or non-U.S. company.... This article provides an overview of Section 280G, explains its key definitions and how it works, and provides some practical examples to illustrate the rules."  MORE >>

Withum Smith+Brown, PC

[Guidance Overview]

Commonly Asked Questions About § 409A Nonqualified Deferred Compensation Plans and the Risks of Noncompliance

"[1] What does Section 409A regulate? ... [2] Which arrangements are exempt? ... [3] What distribution events are allowed? ... [4] What penalties apply for noncompliance? ... [5] What are the most common Section 409A mistakes? ... [6] How can I ensure Section 409A compliance? ... [T]he Dual Risk in 409A Noncompliance.... [1] Tax penalties under Section 409A ... [2] Breach of contract or fiduciary duty claims."  MORE >>

Schechter Benefits Law Group LLP

Selected New Discussions

Short Plan Year Accrual; Plan Amendment for Multiple Changes

"I recall a post regarding a DB Plan short plan year, mentioning that if the amendment for the short plan year did not mention anything re prorating or giving an accrual for the short plan year than there are no benefit accruals for the short plan year. [1] Is this correct? Or must the amendment state clearly whether there are or that there are no benefit accruals f93r the short year? [2] If there are no accruals must a 204(h) notice be provided to the participants, as the plan is not frozen? [3] Can one plan amendment include two amendments to the plan, or must a separate amendment be drafted for each plan change?"

BenefitsLink Message Boards

Include Earnings When Restoring Forfeited Accrued Benefits?

"Plan X is a profit-sharing plan which provides that if a participant cannot be located after a diligent search has been made, his/her account balance shall be forfeited, subject to restoration upon the making of a claim. If a participant's beneficiary makes a claim for the participant's account balance, does the plan need to restore earnings that would have been credited to the account?"

BenefitsLink Message Boards

Can This Distribution Be Processed Without a QDRO?

"401k PS plan. The Owner and his wife are going through a divorce which has been ongoing since last year. It is a nasty divorce scenario and may go on for another year or so. The Owner and his wife both have an account in the 401k plan. The wife terminated employment last year and is requesting a partial distribution now to pay her Attorney's fees. We received the request to approve her partial distribution. Since we are aware of the impending divorce since last year, we informed all parties that a QDRO is to be prepared for both the Owner and his wife's benefits. The Attorneys on both sides indicated that the QDRO is not necessary as the Owner said it was okay for his soon to be ex-wife to take the distribution. I am not in agreement with this. There is nothing in the QDRO procedure in the plan document that addresses this issue. Can this distribution be processed without a QDRO?"

BenefitsLink Message Boards

Press Releases

Goldman Sachs to Launch Private Credit Collective Investment Trust for the Defined Contribution Market

Goldman Sachs Asset Management

Clinton C. Reese Joins TRA as Regional Plan Consultant for Ohio Valley Territory

TRA [The Retirement Advantage]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Evaluating Private Market Investments in Retirement Plans

RECORDED

CAPTRUST Financial Advisors

Nevin & Fred: Has the Forfeiture Tide Turned?

July 22, 2025 PODCAST

National Association of Plan Advisors [NAPA]

Virtual IRA Institute

September 22, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

Text of DOL Advisory Opinion 2025-01A: Application of ERISA's Fiduciary Requirements to Citigroup's Payment of Investment Management Fees for 'Diverse Managers'

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Trump Accounts: Q&As for Plan Sponsors

Alight Solutions

Benefits and Executive Comp Provisions in the One Big Beautiful Bill

Polsinelli PC

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

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