"[W]hat happens when employer matching contributions are deposited to the plan late? In many cases, there will not be any 'lost earnings' owed to participants on the match. [This post will discuss] the critical differences in the deposit timing rules for employee deferrals versus employer matching contributions, address when employers must make earnings adjustments for late deposits and explain how match calculation periods differ from funding timelines."  MORE >>

"Each employer that sponsors a 403(b) plan which uses a pre-approved plan document must ensure that document is restated to account for changes in law by December 31, 2026. Especially for those nonprofit and public sector organizations characteristically facing resource and staffing constraints, it’s crucial to start the restatement process now."  MORE >>

"[T]he IRS' preamble to the proposed regulations suggests that a high earner who is eligible for both the special 457(b) catch-up and the age 50 catch-up may make pre-tax contributions up to the amount of their underutilized deferrals. Only the portion of catch-up contributions that exceeds the participant's available special catch-up limit, and is therefore made under Section 414(v), must be made as Roth contributions."  MORE >>

"While adjustments are available for certain tax overpayments, the IRS explained that here, the employer had withheld and paid the appropriate amount relating to the initial distribution. Similarly, refunds may be available if the amount remitted to the IRS exceeded the amount withheld, but that was not the case here. Accordingly, no adjustment or refund was available."  MORE >>

"The U.S. [DOL] recently weighed in for the first time on plaintiffs' forfeiture claims in its amicus brief filed in one of the Ninth Circuit appeals ... Additional decisions on motions to dismiss have been issued in the last month.... While courts continue to disagree over how to handle the plaintiffs' theory ... plan sponsors and plan fiduciaries might have cause for some cautious optimism, as the tide seems to be turning in the defendants' favor on these claims."  MORE >>

"[T]he plaintiffs allege that the grocery company breached its fiduciary duties under the Employee Retirement Income Security Act by using participant–forfeited funds to reduce company contributions, rather than pay down administrative fees, which many similar complaints have already argued, to mixed success." [Castillon v. Aldi, No. 25-8321 (N.D. Ill. complaint filed Jul. 21, 2025)]  MORE >>

"Imagine diligently saving for decades, only to have your hard-earned retirement funds end up in the hands of an estranged ex-spouse or distant relative.... [T]his happens more often than you would think.... [P]lan sponsors can take proactive steps ... [1] Educate participants on beneficiary importance ... [2] Encourage regular updates ... [3] Promote the use of electronic records ... [4] Maintain clear and accessible records ... [5] Offer personal support and incentives."  MORE >>

"If enacted, [Helping Young Americans Save for Retirement Act (HR 4718)] would require employers to offer 401(k) plans to employees as young as 18 and would seek to reduce regulatory burdens that price out employers from offering these retirement plans to workers under 21, the lawmakers noted."  MORE >>

"The private equity train is rolling down the tracks toward your clients' 401(k) plans. Recent litigation failed to stand in the way, Empower has given it a strong nudge, and the full weight of the White House is about to be behind it. As the movement picks up steam ... advisors are likely to face more questions and, in time, demand."  MORE >>

"A second consecutive month of strong investment returns generated a $115 billion increase in the PPFI plans' funded status during June. In aggregate, the plans saw estimated market gains of 2.3% for the period, with individual plans' estimated returns ranging from 1.5% to 3.6%. These results lifted the value of plan assets from $5.327 trillion as of May 31 to $5.457 trillion as of June 30"  MORE >>

"This case should resonate far beyond Minnesota. It's a warning to every plan fiduciary, committee member, and corporate executive who views their retirement plan as a box to check or a line item to manage: ERISA doesn't care how big your company is or how glossy your benefits brochure looks. It cares whether you're putting participants first.... If that sounds like a high bar, good. It's supposed to be." [Snyder v. UnitedHealth Group, No. 21-1049 (D. Minn. settlement approved Jun. 24, 2025)]  MORE >>

"While many of these changes only become effective in 2026, proactive employers should begin planning now to address these changes, communicating these changes to employees and modifying plan documents and pay practices to accommodate these changes.... [A table] summarizes the key compensation and benefits provisions of the OBBBA and provides practical guidance to employers for implementing the OBBBA's mandates."  MORE >>

"What [employers] need to do [1] Determine which changes apply to your employee benefit plan and when they need to be implemented.... [2] Review employee and board of directors communications that discuss affected items ... [3] Consider plan document amendments or written plan requirements and whether policy changes are needed.... [4] Have conversations both internally (i.e., with payroll, accounting) and externally (i.e., with nondiscrimination testing providers, third-party administrators) to discuss administrative practices that these changes may affect."  MORE >>