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Retirement Plans Newsletter

August 5, 2025

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💼  3 New Job Opportunities

 

[Guidance Overview]

Can Employers Contribute to 457(b) Plans?

"There is only one limit -- currently $23,500 (not including any eligible catch-up contributions) -- that applies to the combination of employer contributions and employee elective deferrals to a 457(b) plan, meaning that employer contributions limit the amount available for employee elective deferrals."  MORE >>

PLANSPONSOR; login may be may be required

Beyond the RFP: Questions to Ask Any New Benefits Provider

"Choosing a new retirement plan for your employees is a massive undertaking. When you are moving millions of dollars in a retirement plan, it is important to consider the many facets of a of any relationship that will support the organization in both the long and short term."  MORE >>

Fidelity

AI and Action Items for Retirement Plan Advisors

"[T]echnology [is available] to record and transcribe our meetings, ... but there are associated risks, starting with whether you really want all of your clients' meetings to be recorded and available to be included as an exhibit in future litigation or disclosed to a regulatory agency.... [E]nsure you understand which tools your firm allows you to leverage and which information will be kept forever.... [D]epending on the AI tool or capability, many of these tools are publicly available. If you add your client's non-public personal information and hit 'summarize for me,' that may be a violation of the confidentiality provisions of the agreement with the plan sponsor or the participant. "  MORE >>

American Retirement Association [ARA]

401(k) Private Market Push Is Coming, Even If Adoption Starts Slow

"While recent traction is evident, alternative investments are not yet widely adopted. With many anticipating an executive order directing government agencies to provide guidance for including such investments in retirement plans, it appears plan sponsors have already begun to increase their use."  MORE >>

PLANSPONSOR; login may be may be required

Segal Model Pension Plan Funded Status Rose in Q2

"During the second quarter (Q2) of 2025, the funded status of Segal's model pension plan ... rose by 7 percentage points, to 105 percent, ... This increase in funded status is attributable to a 9 percent increase in assets, partially offset by a 1 percent increase in liabilities."  MORE >>

Segal

U.S. Corporate Pension Plans Funding Status, July 2025

"The aggregate funded ratio for U.S. corporate pension plans is estimated to have increased by 0.5 percentage points in July, ending the month at 101.1% ... Although the aggregate funded ratio is estimated to have decreased by 0.8% over the trailing twelve months, it is estimated to have increased by 3.3% year to date."  MORE >>

Wilshire Associates

[Opinion]

Dear Plan Providers: Here’s the Kind of Content Plan Sponsors Actually Want

"Here are five types of content you should be producing: [1] The 'Are we doing this right?' checklist ... [2] Short videos or posts on fiduciary duties ... [3] Quarterly 'What's new in 401(k)' updates ... [4] Case studies ... [5] Participant-facing tools they can share ... [P]lan sponsors are busy, confused, and terrified of doing something wrong. Your content should solve problems, reduce fear, and make you the provider they trust to keep them out of trouble."  MORE >>

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

[Opinion]

'And Their Beneficiaries': Annuities, Commensurate Returns, and Fiduciary Liability

"[T]oo many plan sponsors who are considering or have included in-plan annuities as an investment option within their plan have either overlooked or have not properly assessed the potential fiduciary liability risks presented by the inclusion of the 'and their beneficiaries' language.... There is no legal foundation for the suggestion that plan sponsors have any legal obligation with regard to assisting in the decumulation of a plan account, whether by providing products or advice. In fact, providing advice and/or assistance can be grounds for holding that an otherwise non-fiduciary has crossed the line and is legally recognized as a fiduciary."  MORE >>

The Prudent Investment Adviser Rules

Benefits in General

[Official Guidance]

Text of IRS Proposed Regs: Determination of Line of Business for Purposes of No-Additional-Cost Service and Qualified Employee Discount Fringe Benefits

18 pages. "These proposed regulations would replace a business classification system that has not been updated since 1974 with a much more current classification system that is updated every five years. Under these proposed regulations, the application of the no-additional-cost benefit and employee discount exclusions from employee income under section 132(a)(1) and [2] would be determined under a classification system that more accurately reflects current economic activity than the system used under the existing regulations, thereby reducing burden in applying the exclusions from income under section 132(a)(1) and (2)."  MORE >>

Internal Revenue Service [IRS]

Ninth Circuit Affirms ERISA Participant's Right to Sue Despite Unilateral Arbitration Clause Added by Employer

"The court held that while an employer may amend the plan itself, it cannot bind participants to arbitrate ERISA claims without their consent. The decision reaffirms key participant protections under ERISA and underscores limits on employer-driven arbitration mandates." [Platt v. Sodexo, S.A., No. 23-55737 (9th Cir. Aug. 4, 2025)]  MORE >>

Roberts Disability Law

Ninth Circuit Revives ERISA Plaintiffs' Unconscionability Challenge to Plan Arbitration Clause

"The court held that while Live Nation validly bound its 401(k) plan to arbitration of ERISA claims through a plan amendment, the plaintiffs -- former plan participants -- must be permitted to assert unconscionability defenses under federal common law. The court remanded the case for further proceedings on those defenses." [Avecilla v. Live Nation Entertainment, Inc., No. 23-55725 (9th Cir. Aug. 4, 2025; unpub.)]  MORE >>

Roberts Disability Law

[Opinion]

Using Interlocutory Appeals to Reduce the Scope and Cost of ERISA Class Action Litigation

"Most ERISA class actions, and in fact most ERISA cases, have a few outcome determinative issues in them that will determine liability ... There is no reason ... to litigate all of the other issues in that type of a case all the way through discovery and to summary judgment motions before that discrete issue -- one that might moot everything else -- is decided.... [P]lan fiduciaries and their lawyers should affirmatively and constantly pursue these types of opportunities to reduce the scale of the litigation to solely the outcome determinative issues that they have identified, before the case is ever allowed to expand into broad discovery and litigation of the remainder of the case."  MORE >>

Stephen Rosenberg, The Wagner Law Group

Executive Compensation and Nonqualified Plans

SHARE Plan Act Proposes 3% Tax Reduction for Giving Stock to Lower-Paid Employees

"The new Share Holder Allocation for Rewards to Employees Plan Act, or the SHARE Plan Act [HR 2332] ... provides a 3% tax rate reduction for US-domiciled companies that establish and maintain a SHARE plan, which is defined as a corporate program that grants common stock to employees periodically at no cost.... A key issue would be whether the tax benefit is enough to get companies to do this."  MORE >>

National Center for Employee Ownership [NCEO]

[Opinion]

ERIC Amicus Brief Asks Fourth Circuit to Preserve Longstanding Distinction Between Bonus Programs and ERISA Pension Plans

"At issue in Milligan is whether the deferred compensation award programs offered by Merrill Lynch qualify as 'employee benefit pension plans' under ERISA. The district court held that these widely used programs are not ERISA pension plans. This decision aligns with the text of the statute, reflects longstanding [DOL] guidance exempting 'bonus' incentive programs, and is consistent with other judicial decisions." [Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 24-0440 (W.D. N.C. Mar. 11, 2025; appeal to 4th Cir. filed Apr. 9, 2025)]  MORE >>

The ERISA Industry Committee [ERIC]

Employee Benefits Jobs

💼

Defined Contribution Plan Specialist

Fringe Benefit Group

Remote / Buda TX

View job as Defined Contribution Plan Specialist for Fringe Benefit Group

💼

Implementation Specialist

Nova 401(k) Associates

Remote

View job as Implementation Specialist for Nova 401(k) Associates

💼

Retirement Plan Consultant

Carpenter Morse Group

Remote / Rochester NY

View job as Retirement Plan Consultant for Carpenter Morse Group

Selected New Discussions

QDRO to the Same Plan: Related or Unrelated Rollover

"Both former spouses work in the same company. If the rollover due to QDRO is moved from one spouse's 401(k) account to another's (within the same plan), would it be considered a Related Rollover or an Unrelated Rollover (for Top Heavy purposes)?"

BenefitsLink Message Boards

Does a Recordkeeper Have an Indicator for Whether a Participant Is an Employee or Is a Self-Employed Individual?

"Of the many tax-qualification conditions and other rules a recordkeeper's system hopes to help a retirement plan's administrator apply, a few might turn on whether a participant is an employee or is a self-employed individual (who might be treated as a deemed employee). Among these, a Section 414(v)(7) restriction against non-Roth catch-up deferrals does not apply to a participant who is a self-employed individual (who has no FICA wages).

"I've seen in recordkeepers' systems Yes-or-No indicators for whether a participant is: union-represented, treated as an insider for trading in employer securities, an officer of the employer, or a super-officer. Does a recordkeeper have an indicator for whether a participant is an employee or is a self-employed individual? ... 

"A sort for participants who might be Section 414(v)(7)-affected might look for those with compensation that suggests that FICA wages for a relevant year might exceed $145,000/$150,000. But without a further sort, that might result in 'false positives' by including deemed employees who have compensation but no FICA wages. (Imagine a professional-services business in which hundreds of workers are partners.) Could an employee-or-self indicator sort out this out?"

BenefitsLink Message Boards

Press Releases

Iralogix Launches First-of-Its-Kind Digital Platform to Expand Retirement Access for Small and Mid-Size Employers

IRALOGIX

Webinars, Podcasts and Conferences
(Retirement Plans / Executive Compensation)

Understanding and Partnering with PEOs

August 19, 2025 WEBINAR

Savoy

Mergers & Acquisitions

September 11, 2025 WEBINAR

ASC

IRA Fundamentals

September 23, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

Fiduciary Update, August 2025

CAPTRUST

A Hierarchy for Retirement Savings

Morningstar

DOL Guidance Looks to Boost PEPs, Signals Potential PEP Fiduciary Safe Harbor

Thompson Hine

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

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