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Retirement Plans Newsletter
August 1, 2025
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💼 New Job Opportunity Today
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Sixth Circuit Rejects Union Trustees’ Bid to Oust Fellow Trustees
"[T]he Sixth Circuit affirmed a district court's denial of injunctive relief and dismissal of certain ERISA claims brought by a union and its trustees against co-trustees on a Taft-Hartley health and welfare fund. The case involved allegations of fiduciary breaches stemming
from internal board disputes, amendments to trust documents, and alleged 'entrenchment' of two union-appointed trustees." [Int'l Union of Painters & Allied Trades Dist. Council No. 6 v. Smith, No. 24-3282 (6th Cir. Jul. 31, 2025] MORE >>
Roberts Disability Law
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Seventh Circuit Holds Employer's Letter Was Sufficient to Terminate CBA and Withdraw from Pension Fund
"[T]he Seventh Circuit reversed a district court judgment that required Univar Solutions USA Inc. to continue making pension contributions under ERISA despite its clear intent to terminate the agreement. The court held that Univar's written notice -- though it referenced
both 'modification or termination' -- sufficiently satisfied the requirements of the CBA's evergreen clause, allowing the company to withdraw from the Fund in 2021." [Cent. States, Se. & Sw. Areas Pension Fund v. Univar Sols. USA Inc., No. 24-1348
(7th Cir. Jul. 31, 2025)] MORE >>
Roberts Disability Law
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DOL Signals Shift to a More Fiduciary-Friendly Enforcement of ERISA
"On July 9, 2025, the DOL filed an amicus brief in favor of the defendant-employer in a lawsuit challenging the use of
401(k) plan forfeitures in the Ninth Circuit Court of Appeals.... [On] June 2, 2025, the DOL announced an enhanced opinion letter program ... The recent shift to a more fiduciary-friendly enforcement position will likely be supported by the nominee for Assistant Secretary of Labor
for [EBSA], Dan Aronowitz, who has not yet been confirmed by the full Senate. " MORE >>
Kilpatrick, via JDSupra
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AI Retirement Planning Appeals to 25% of Americans
"31% said they would let AI choose stocks for their portfolio, 22% said they would allow AI to purchase cryptocurrency, 15% would permit the technology to rebalance their 401(k) accounts, and 31% would trust AI in helping them file their taxes.... A quarter (25%) of respondents
said they would trust AI more than their current financial advisor, and 28% would even let the technology plan their retirement for them." MORE >>
401(k) Specialist
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Immigration Enforcement Activity and Retirement Plans
"Employers may wish to consider whether it is feasible to amend their plans to exclude undocumented workers. In the case of a 401(k) plan, this exclusion would allow employers to forfeit employer contributions (and related earnings) and refund employee contributions if the
employer later determines that an employee who had been permitted to participate in the plan was ineligible due to being undocumented." MORE >>
Reuters Practical Law; login may be required
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Providers Lean on Tech to Lower Costs in Small 401(k) Plans
"Automation allows for price relief for modest-sized companies that have been paying more to provide retirement benefits." MORE >>
PLANSPONSOR; login may be may be required
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[Opinion]
IRI Comment Letter to EBSA on Proposal to Remove Regulation Establishing Fiduciary Safe Harbor for Selection of Annuity Providers (PDF)
"[IRI has] significant concerns about the potential removal of the Regulation and respectfully urge[s] the Department to withdraw the Direct Final Rule and retain the Regulation. The longstanding safe harbor established in the Regulation continues to play an important and
complementary role alongside the statutory safe harbor enacted under the SECURE Act. Its continued availability promotes clarity and confidence among plan fiduciaries evaluating annuity distribution options for retirement plans." MORE >>
Insured Retirement Institute [IRI]
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Benefits in General |
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[Guidance Overview]
Cleaning Out the ERISA Attic: DOL Retires Obsolete Interpretive Bulletins
"On June 30, the DOL issued a Direct Final Rule (DFR) announcing the removal of several long-standing ERISA Interpretive
Bulletins ... Interpretive Bulletin 75-2 ... Interpretive Bulletin 75-6 ... Interpretive Bulletin 75-10 ... The
DOL isn't changing any rules here -- they're just pruning old ones that no longer apply." MORE >>
The Rosenbaum Law Firm, P.C., via JDSupra
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[Guidance Overview]
Much Ado About Nothing: Employee Benefits Provisions of the One Big Beautiful Bill Act
"Although the original House version of the bill provided for extensive health care changes and pharmacy benefit manager (PBM) reforms, the final OBBB contains only a few provisions that affect employee benefit plans.... [1] High-Deductible Health Plan (HDHP)
enhancements ... [2] Increased dependent care Flexible Spending Account (FSA) limits ... [3] Tax-deferred savings accounts for children -- 'Trump Accounts'." MORE >>
Spencer Fane
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Employee Benefits Jobs
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Selected New Discussions |
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Calendar Year MEP Splits March 31: 5500 Considerations
"Two related companies filed their MEP 401(k) plan's single 5500-SF annually over many years. The common ownership ended, and the MEP split into two separate plans effective March 31, 2024. I am trying to understand how to handle the 2024 5500-SF reporting for one of the
companies -- the one that became my client just recently. Was a short plan year filing due for the MEP? I do not think one was done. Can either company file a full year 5500 for 2024? What should be considered in order to make these determinations?"
BenefitsLink Message Boards
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401(k) Plan Loans: Correcting Recordkeeper Failure
"On Jan 1, 2024 we implemented a loan policy that allows a loan on the amount of 50% of vested balance not to exceed $50k. When our recordkeeper updated the system to reflect the new loan policy, they did not include the 50% of vested balance part. We had 12 employees in 2024
take out loans in excess of the 50% of their vested balance. Some loans were 90% or more of the vested balance. This is 100% fault of the recordkeeper as they have admitted. What recourse do we have against the recordkeeper? What options for corrections do we have. The recordkeeper showed us one option where the participant will have 60 days to pay back the excess or it will deemed a distribution. Has anyone else experienced this type of
failure?"
BenefitsLink Message Boards
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Replacing Money Purchase Pension Plan with New 403(b) Plan
"Our client currently has a money purchase plan. They no longer want the money purchase plan and want to replace it with a 403(b) plan. Would it be considered a merger? Or do we have to terminate the MP plan? Are there any special considerations when doing this?"
BenefitsLink Message Boards
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Press Releases |
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Crum & Forster Launches Employer Medical Gap Insurance Solution
Crum & Forster
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Intelligent Health Marketplace Acquires Organization to Improve Transparency and Drive Affordability
MacroHealth
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Get Caught Up on Catch-Up Contributions!
ON-DEMAND WEBINAR
Nova 401(k) Associates
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Retirement Plan Forfeitures Under Fire
ON-DEMAND WEBINAR
Multnomah Group
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Introduction to 401(k) Plans for Plan Sponsors
December 11, 2025 WEBINAR
Nova 401(k) Associates
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Last Issue's Most Popular Items |
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Roth Catch-Up Chaos Is Coming
The Rosenbaum Law Firm, P.C., via JDSupra
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DOL Sails on from DC Annuity Safe Harbor in Deregulatory Push
Mercer
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A 'Big, Beautiful' New Benefit? What Employers Need to Know About Trump Accounts
Thompson Hine
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Copyright 2025 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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