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Retirement Plans Newsletter

July 28, 2025

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💼  5 New Job Opportunities

 

[Official Guidance]

Text of DOL Interpretive Guidance and RFI on Pooled Employer Plans: Big Plans for Small Businesses

23 pages. "This document contains limited interpretive guidance to help small employers select high-quality, low-cost 'pooled employer plans' or 'PEPs.' This document also solicits information about prevailing pooled employer plan market practices. The Department will consider the responses as part of a process aimed at developing a potential regulatory safe harbor or safe harbors that comprehensively encourage market participants to offer and employers to join such plans."  MORE >>

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

[Guidance Overview]

The Uncashed Check Conundrum: What Employers Need to Do

"Uncashed checks raise several compliance issues for plan sponsors ... [1] how to handle the withholding that was taken from the check and then what to do when the check is reissued ... [2] how to handle withholding when the participant later resurfaces and requests a replacement check ... [3] the fiduciary duty to find missing participants ... [4] what happens to the earnings on those checks while they remain uncashed? "  MORE >>

Bricker Graydon

[Guidance Overview]

Connecticut Tightens Enforcement of MyCTSavings Retirement Program

"Effective July 1, 2025, [Connecticut] has introduced a three-strike enforcement process for the MyCTSavings retirement program, with escalating annual penalties for noncompliance.... The law continues to apply to employers with five or more employees ... As of July 1, 2025, Connecticut mandates auto-enrollment in the MyCTSavings program or certification of a compliant employer-sponsored plan."  MORE >>

Ogletree Deakins

DOL Solicits Public Input on Ways to Help Smaller Employers Improve Retirement Plan Outcomes for Workers

"The request for information builds upon previous requests related to pooled employer plans, which were created by the [SECURE Act]. The RFI provides interpretive guidance about an employer's responsibilities when joining a PEP and offers advice on selecting a plan. The RFI also solicits information about prevailing market practices related to PEPs, which could serve as the basis for a future regulatory safe harbor that would encourage employers to join PEPs and motivate entities to offer strong and sound plans."  MORE >>

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

Has ERISA Litigation Been Helpful or Harmful?

"[This] seemed like a good time to ask some critical questions to both plaintiffs' and defendants' attorneys.... [1] Whether there has been any value to ERISA litigation ... [2] What harm has it caused? [3] Whether you have evidence it is being funded by PE/VC firms. [4] What effect will the new EBSA director ... have? [5] Do you agree with him that we should have a special ERISA court, like with patents, because it is so technical? [6] What effect will recent SCOTUS decisions like Chevron et al. have? ... Here are some of their responses."  MORE >>

WealthManagement.com

Are Participants Making Use Use of Penalty-Free Natural Disaster Withdrawals?

"SECURE 2.0 allows plans to adopt a provision to allow a distribution in the event of a national disaster of up to $22,000 without the 10 percent early withdrawal penalty ... Sixty percent of respondents stated that no participants have taken a withdrawal under this provision while 11 percent stated that less than 10 percent of participants have ... (28 percent did not adopt this provision)."  MORE >>

Plan Sponsor Council of America [PSCA]

Second Tax Bill Could Bring 'Rothification' of Retirement Plans

"[T]he baby boom generation is now reaching its peak in retirement. Most of their retirement savings are tax-deferred in 401(k)s or traditional IRAs. This means the government's revenue from these sources is peaking just as we are encouraging, and sometimes forcing, post-tax retirement savings. This creates an additional revenue bump. But what happens when the baby boom generation's tax revenue diminishes?"  MORE >>

ThinkAdvisor

Roth IRA vs. Roth 401(k): Which Is Better?

"A recent survey by the Plan Sponsor Council of America showed that 93% of 401(k) plans offer employees the option of making Roth 401(k) salary deferrals. Let's say your plan allows Roth contributions, but you don't have the funds to maximize both those contributions and Roth IRA contributions. Which one should you contribute to? It turns out that each option has its own advantages."  MORE >>

Slott Report

Principles for DC Stakeholders on the Consideration and Use of Private Market Investments (PDF)

"[T]he DCALTA Principles provide a structured and logical framework to navigate the complexities associated with integrating alternative assets into DC participant investment options (PIOs).... Plan fiduciaries may consider these principles when evaluating and implementing private market investment strategies within PIOs. Plan fiduciaries who construct custom PIOs may decide to utilize some or all of these principles, while plan fiduciaries who are evaluating off-the-shelf or pre-packaged PIOs constructed by an investment manager may incorporate some or all of these principles into their evaluation criteria."  MORE >>

DCALTA [Defined Contribution Alternatives Association]

[Opinion]

Personalization of Retirement Investments Is Using Risk Capacity When It Should Use Risk Tolerance (PDF)

"[Personalized Target Date Accounts (PTDAs)] as Qualified Default Investment Alternatives (QDIAs) cannot truly personalize investments for disengaged participants, since risk tolerance cannot be inferred from data.... A safer, more protective 'Master PTDA' should serve as the QDIA for defaulted participants, especially those near retirement ... PTDAs are best suited for self-directed participants who actively disclose their risk tolerance; defaulted participants should avoid PTDAs to protect their retirement savings."  MORE >>

Target Date Solutions

[Opinion]

Public Pensions Have Set the Stage for Private Equity to Pitch 401(k) Plans

"[O]ver the past 20+ years, public pensions, under pressure to meet high assumed returns (often ~7%), have embraced private equity for its historically higher reported returns versus public markets. These funds have universally underreported risks and fees (especially performance fees) and overstated investment performance by accepting rosy valuations from private equity managers."  MORE >>

Edward Siedle

Benefits in General

[Guidance Overview]

Filing Relief for Natural Disasters Enacted

"[The Filing Relief for Natural Disasters Act] allows the Treasury Department ... to postpone filing deadlines for affected individuals and businesses in a state-declared disaster area that has not yet received a federal disaster designation.... The Act also increases the current automatic extension following a federally declared disaster declaration from 60 days to 120 days."  MORE >>

Ascensus

Sixth Circuit Upholds Denial of Post-Remand Attorney's Fees in ERISA Dispute

"[The plaintiff] achieved substantial success, but the courts drew a clear line: once the plan reversed its denial and paid the claims, the remaining litigation did not justify further fee recovery. The case highlights the importance of focusing fee petitions on work that demonstrably contributes to obtaining or securing benefits under the plan." [Canter v. Alkermes Blue Care Elect Preferred Provider Plan, No. 24-3926 (6th Cir. Jul. 23, 2025)]  MORE >>

Roberts Disability Law

Second Circuit Affirms Summary Judgment Against Employer Who Ignored Discovery and Failed to Pay Fringe Benefits

"Failure to timely respond to discovery requests -- particularly Requests for Admissions -- can result in severe consequences, including conclusive findings that effectively decide the case. Moreover, employers who do not maintain clear records or who fail to participate diligently in litigation risk significant monetary judgments and preclusion from presenting defenses." [Cement & Concrete Workers Dist. Council Welfare Fund v. Manny P. Concrete Co., No. 23-1030 (2d Cir. Jul. 21, 2025)]  MORE >>

Roberts Disability Law

Employee Benefits Jobs

💼

Pension Administrator

The SD Cooper Company

Remote

View job as Pension Administrator for The SD Cooper Company

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Senior ESOP Strategy Consultant

Blue Ridge Associates

Remote

View job as Senior ESOP Strategy Consultant for Blue Ridge Associates

💼

ESOP Administration Consultant

Blue Ridge Associates

Remote

View job as ESOP Administration Consultant for Blue Ridge Associates

💼

Manager, ESOP Administration

Blue Ridge Associates

Remote

View job as Manager, ESOP Administration for Blue Ridge Associates

💼

Senior ESOP Administration Consultant

Blue Ridge Associates

Remote

View job as Senior ESOP Administration Consultant for Blue Ridge Associates

Selected New Discussions

401(k) Rollover to 403(b) Contains RMD

"A 403(b) plan received two rollover checks from a 401(k) on behalf of a participant age 74. Check #1: Pre-tax deferrals ($4,915) Check #2: Non-Qualified Roth basis ($10,447) with earnings ($590) [First Roth contribution = 2024] The 403(b) was informed that the participant's 2025 RMD for the 401(k) was not distributed to him prior to the rollover. The participant is not eligible to make regular contributions to the 403(b). The 403(b) has not cashed the checks yet because it does not want to deposit ineligible amounts. It is wondering if it can return the checks to the 401(k). What is the cleanest way to correct this?"

BenefitsLink Message Boards

Press Releases

Equitable Launches New API Capability to Simplify Benefits Plan Setup

Equitable

Alvarez & Marsal Scales Healthcare Practice with Four Strategic Hires Focused on Health Plans and Managed Care

Alvarez & Marsal

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Why Everything You Know About Roth Conversions May Be Wrong

August 27, 2025 WEBINAR

Lorman Education Services

IRAs: Establishing and Amending

September 11, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

What Happens When Contributions Are Deposited Late?

Newfront

From Paychecks to Perks: Navigating New OBBBA Rules on Compensation

Pillsbury Winthrop Shaw Pittman LLP

UnitedHealth Settles Fiduciary Breach Claim for $69 Million

The Rosenbaum Law Firm, P.C., via JDSupra

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

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