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Retirement Plans Newsletter

July 29, 2025

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[Guidance Overview]

Expanding Retirement Plan Options for Small Employers

"[EBSA's] interpretive guidance addresses the limits of a participating employer's responsibility in selecting and managing a PEP, including how it can be further alleviated, and offers some commonsense suggestions for how that responsibility might ultimately be satisfied. In addition, [EBSA is] asking the public to submit comments on market practices associated with PEPs, which [they] intend to consider as a basis for a regulatory safe harbor that will further encourage market participants to offer and employers to join well designed PEPs."  MORE >>

Janet Dhillon, Acting Secretary, Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Sponsor]

ASC’s Andrea Gelhar, Conquering Challenges On & Off the Road

Congratulations to ASC Plan Document Support Specialist, Andrea Gelhar, for completing the 118-mile, 10,800 feet of elevation cycling ride in the Colorado Rockies, “The Triple By-Pass”! Read more here.

Sponsored by ASC

[Guidance Overview]

Oh, Fine! Keep the Money: The New IRS Overpayment Guidance

"The IRS's updated rules for overpayments take a realistic approach at correction in permitting plan administrators to weigh the benefit to the plan and its participants in chasing (often former) employees for what may be miniscule balances.... In all likelihood, massive amounts of overpaid money remain in receiving plans and IRAs due to the inertia of overpaid employees. The simplified options and ability of a plan sponsor to simply let the money go is a welcome improvement."  MORE >>

Ferenczy Benefits Law Center

Complaint Alleges Franklin Templeton Investments Cost Participants Millions

"According to the complaint, of the 32 proprietary funds Franklin Templeton used during the class period -- from July 22, 2019 to the present -- 14 (44%) are not used by any other defined contribution plans with at least $500 million in assets. Seventy-eight percent of the investments available in the plan were proprietary funds, accounting for 75% of the plan's $1.6 billion assets under management." [Ang v. Franklin Resources, Inc., No. 25-6130 (N.D. Calif. complaint filed Jul. 22, 2025)]  MORE >>

PLANSPONSOR; login may be may be required

2025 Workplace Survey 401(k) Plan Participants (PDF)

"401(k) participants are feeling the impacts of market volatility and economic conditions; most are reducing purchases and buying cheaper products as a result ... Only a third feel they are 'very likely' to achieve their retirement savings goal ... Plan participants, on average, expect to retire at 66, a year later than what was reported in 2024 ... 401(k) plans continue to be participants' largest source of retirement income ... About one quarter of participants say they have adjusted their 401(k) portfolio[.]"  MORE >>

Charles Schwab

Most Workers Are Open to Sustainable Investing in Retirement Plans

"Three fourths of survey participants with a 401(k) or equivalent had interest in sustainable investing, reportedly driven by a conviction in such investments' ability to produce attractive financial returns ... [F]rom 2022-24, average performance for a screen of 542 US-domiciled sustainable funds trailed the Morningstar US Market Index by over 7 percentage points. Year to date, however, this trend has notably reversed, with US sustainable funds posting a 7.23% average return against a 5.99% return for the Morningstar US Market Index."  MORE >>

Morningstar

I Was Going Solo 401(k), But Then I Needed Help

"[Y]ou may have offered advice to clients on how to establish a solo 401(k) to limit their tax liability while saving for retirement.... [W]hat happens when the client must hire an additional employee who is not their spouse or a co-owner of the business? It might be possible to exclude the employee and stay a Solo 401(k) ... What if the employee can't be excluded? ... What changes when moving from a Solo 401(k) to a regular 401(k)?"  MORE >>

Spectrum Consultants

TIPS Are a Powerful Retirement Planning Tool

"Treasury inflation-protected securities offer a guaranteed real return adjusted for inflation -- a rare and attractive feature for retirees. Despite their virtues, TIPS are sometimes shunned for tax inefficiency and lower nominal rates compared with other options. Experts say these downsides of TIPS are more palatable when viewed through a holistic retirement planning lens."  MORE >>

ThinkAdvisor

Why Risk Tolerance Questionnaires Are Powerful for Lead Gen

"When results are framed in a way that feels personal and actionable, [risk tolerance questionnaires] can help prospects identify their concerns, recognize what's at stake, and clarify their own reasons for engaging a financial advisor -- without needing to be explicitly persuaded of the value of financial advice."  MORE >>

Nerd's Eye View

Data Breach Exposes Most of Allianz Life’s 1.4 Million Customers

"Personal data belonging to most of Allianz Life Insurance Co. of North America's 1.4 million U.S. customers was exposed on July 16 ... The breach was discovered one day after a 'malicious threat actor' hacked into a third-party customer relationship management system used by the insurer ... An attorney for Allianz submitted a disclosure of the breach to the office of the Maine attorney general."  MORE >>

PLANSPONSOR; login may be may be required

Benefits in General

[Guidance Overview]

The Hidden Pitfalls of Related Employer Status

"In the event multiple entities are in the picture, a Related Employer analysis must consider every possible pair of entities until all two-employer Groups are identified.... With little or no notice, a subsidiary employer may find itself outside of a Controlled Group ... This may create compliance hassles not only for affected retirement plans, which must re-structure formally to recognize the new arrangement, but also for health and welfare benefits ... Fortunately for retirement plans, the applicable regulations afford a little time to the affected employers to address the effects of a change in Group status, but there is no such transition period for health and welfare plans."  MORE >>

KLB Benefits Law Group

Executive Compensation and Nonqualified Plans

Considerations for Technology Companies Managing Section 409A Risk and Equity-Based Compensation

"From early-stage biotech startups to publicly traded life sciences firms, companies ... use equity-based compensation (e.g., stock options, restricted stock units (RSUs)) and nonqualified deferred compensation (NQDC) to attract and retain top scientific and executive talent. However, without careful legal structuring and administration, these arrangements can easily run afoul of Section 409A of the Internal Revenue Code (IRC), triggering steep tax penalties and administrative exposure."  MORE >>

Schechter Benefits Law Group LLP

Employee Benefits Jobs

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Defined Contribution Administration Manager

Definiti

Remote

View job as Defined Contribution Administration Manager for Definiti

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Regional Sales Director

Definiti

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Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Hot Issues in Executive Compensation 2025

September 12, 2025 WEBINAR

PLI [Practising Law Institute]

Last Issue's Most Popular Items

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

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

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

Slott Report

The Uncashed Check Conundrum: What Employers Need to Do

Bricker Graydon

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

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