"Solo 401(k)s offer substantial retirement savings potential due to their high contribution limits for business owners without common-law employees. New rules starting in 2026 will require 'high earners' to make catch-up contributions as Roth, impacting solo 401(k) participants receiving W-2 wages. Properly identifying what qualifies as a 'catch-up contribution' can be complex and may not always align with separate elections."  MORE >>

"If the employer chooses to make contributions, employers must have a written plan that follows certain rules such as the prohibition of discrimination against certain income groups and notice to eligible employees. Contributions could also be made by an employer to an employee who is under the age of 18 and has their own Trump account. Employers may choose to contribute up to $2,500 either directly to the employee or the employee's dependent."  MORE >>

"The recent Supreme Court decision ... held that the burden of proof for determining whether the conditions of 408(b)(2) were satisfied [is] on the plan fiduciaries, meaning that plaintiffs' attorneys can simply allege that the fiduciaries hired service providers and then the fiduciaries must prove that they satisfied the conditions of the exemption." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

"Just before its summer recess, the Supreme Court agreed to review whether multiemployer pension funds can impose withdrawal liability based on actuarial assumptions adopted after the relevant plan year. The expected decision may have significant implications for employers' ability to assess the impact of a contemplated withdrawal." [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 >>

"In November, it emerged that EBSA was sharing investigative materials with plaintiffs involved in a fiduciary breach lawsuit involving an [ESOP] in Colorado.... During the hearing, Ali Khawar, the former deputy head of EBSA, added that there have only been 12 such agreements in the last 15 years.... Khawar was the lone voice at the hearing who spoke in defense of EBSA's enforcement.... Two bills are pending before Congress in this space: the EBSA Investigations Transparency Act [HR 2869] and the Balance the Scales Act [HR 2958]."  MORE >>

"Managed accounts can provide retirement savers with a more personalized asset allocation, but not every managed account platform provides the same depth and level of customization. Additionally, that level of personalization comes at a price. Plan fiduciaries should carefully consider the cost, quality, and composition of those designs."  MORE >>

"By 2030, U.S. retail retirement plan rollovers are expected to reach $1.15 trillion ... That would represent a 34% increase from the estimated $855 billion in retail rollovers expected in 2025 and nearly double the $612 billion in retail rollovers in 2020.... The average size of rollovers for people aged 50 to 74 more than doubled since 2007, increasing from $101,400 to an estimated $220,00[.] "  MORE >>

"Many of our agencies offer self-audit programs, which are voluntary tools to help the regulated community proactively assess and improve compliance with the labor laws we enforce.... Self-audits enable you to identify and fix potential violations, reduce the likelihood of litigation, and demonstrate a good-faith commitment to following the law. They also help ensure that workers get the protections and benefits they are entitled to -- like timely wages, fair and safe working conditions, and benefits security."  MORE >>

"[T]he ever-expanding range of risks that plan sponsors and fiduciaries are facing, and the rapidly evolving decisions they have to make, call for a litigator’s advice, and preferably not any litigator, but one with both significant courtroom experience and deep substantive knowledge of ERISA."  MORE >>