Get This Daily Newsletter by Email

Retirement Plans Newsletter

August 7, 2025

BenefitsLink.com logo
EmployeeBenefitsJobs.com logo

 

[Guidance Overview]

Trump to Direct 401(k) Market to Include Crypto and Private Equity

"The directive [will instruct] federal regulators -- including the [DOL], the [SEC], and the Treasury Department -- to revise existing guidance under [ERISA] and create new pathways for defined contribution plans to include alternative assets.... Under the new framework, fiduciaries will no longer be subject to a more restrictive standard when evaluating crypto or private assets. Instead, they will be required to apply the same prudence standard to all investments, aligning with ERISA's principles-based approach . This shift is expected to lower legal barriers and encourage more plan administrators to include alternative assets in their offerings."  MORE >>

AInvest

[Guidance Overview]

Updates to the DFVCP: The Good, the Bad, and the Quirky

"[T]he Plan Administrator only needs to enter the Plan Sponsor's taxpayer EIN and the Plan Number.... [T]he program will pull up ALL potentially late filings for the Plan (and the potential penalty), and the Plan Administrator can indicate which are being filed under DFVCP.... [The tool] also reports all filings that were previously corrected through DFVCP.... The bad part of this new enhancement is that the DFVCP payment screen will reflect filings as 'late' that were actually filed on time."  MORE >>

Ferenczy Benefits Law Center

Supreme Court Shows Interest in ERISA Pleading Standard Circuit Split

"ERISA fiduciary breach defendant Parker-Hannifin filed a petition for a writ of certiorari ... that, if granted, could settle a circuit split ... regarding the correct pleading standard for ERISA class actions challenging defined contribution plan investment performance.... [T]he Court invited the Solicitor General to file a brief expressing the views of the United States on the case." [Johnson v. Parker-Hannifin Corp., No. 24-3014 (6th Cir. Nov. 20, 2024; cert. pet. filed Mar. 26, 2025, No. 24-1030)]  MORE >>

Jackson Lewis P.C.

Sixth Circuit Finds Pension Fund Violated ERISA By Using Artificially Low Interest Rate to Inflate Withdrawal Liability

"The decision underscores the fiduciary-like obligations ERISA places on actuaries and rejects manipulative assumptions designed to serve policy goals rather than actuarial integrity." [Ace-Saginaw Paving Co. v. Operating Eng'rs Loc. 324 Pension Fund, Nos. 24-1288, 24-1305 (6th Cir. Aug. 6, 2025)]  MORE >>

Roberts Disability Law

District Court Rules Pension Fund's Position Was Not 'So Baseless' as to Mandate an Award of Attorneys' Fees

"While describing the Fund's position as 'undoubtedly weak,' Judge Durkin noted the two arbitration awards in the Fund's favor (subsequently rejected in federal court) as well as a lack of controlling precedent. Judge Durkin concluded that the legal positions taken by the Fund were not 'so baseless that they call out for an award of attorneys' fees.' " [Central States SE and SW Pension Fund v. Steelcase, Nos. 24-663, 24-677 (N.D. Ill. Jul. 31, 2025)]  MORE >>

Jackson Lewis P.C.

What the Cunningham Ruling Can Mean for Plan Sponsors

"The Cunningham decision should prompt plan sponsors to review how fiduciary actions are being carried out and recorded.... Are key fiduciary processes and decisions being documented with sufficient detail?.... Is there a robust, documented process for benchmarking services? ... Are service provider relationships being re-evaluated regularly? ... How well are fiduciary committee minutes and governance documentation being maintained?" [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

Principal Financial Group

How Retirement Professionals Can Provide Effective Service

"At the heart of what a retirement plan professional does to serve clients, their plans, and their participants is the ability to address immediate priorities and anticipate needs. Some recent analyses offer concrete tips for achieving that level of service.... Compliance ... Data management ... Controlling costs."  MORE >>

American Retirement Association [ARA]

Revisiting the Core Menu in Defined Contribution Plans (PDF)

"This whitepaper explores investment menu design and contemplates the evolution and future trajectory of core menu design in defined contribution (DC) plans."  MORE >>

MFS Institutional Advisors, Inc.

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

"Plan fiduciaries may consider these principles when evaluating and implementing private market investment strategies within PIOs.... [1] Fiduciary process ... [2] Value for money ... [3] Asset class distinctions ... [4] Operations ... [5] Participant communication."  MORE >>

DCALTA [Defined Contribution Alternatives Association]

For Participants: Taking a Hands-On Approach to Your 401(k)

"If you're considering taking a hands-on approach to managing your 401(k) portfolio, or you are already doing so, here are some of the key questions to ask. [1] Do you have the right qualifications? ... [2] How good are your raw materials? ... [3] What's your asset-allocation plan? ... [4] Is fine-tuning in order? ... [5] What's your oversight strategy?"  MORE >>

Morningstar

Pension Funding Index, August 2025

"The funded status of the 100 largest corporate defined benefit pension plans improved by $4 billion during July  ... As of July 31, the funded ratio rose to 105.7%, from 105.3% at the end of June."  MORE >>

Milliman

Benefits in General

[Guidance Overview]

Highlights of the Employee Benefits Provisions in the One Big Beautiful Bill

"Although some of the OBBB's benefits provisions simply make permanent existing temporary suspensions in the Code, others will provide opportunities for enhancement or expansion of employee benefit programs.... Conversely, the OBBB also presents some challenges for employers, who must now revise how they monitor certain executive compensation amounts, and make operational changes to their payroll administration systems for certain wages such as overtime pay."  MORE >>

Patterson Belknap Webb & Tyler LLP

Selected New Discussions

How to Find Record of DFVC

"I believe we filed a DFVC for a client, but did not snapshot each page. Is there any way to check if it was filed and if in fact, did go through? I can't believe they do not have a database."

BenefitsLink® Message Boards

Form 5500 Mistake on Participant Count: Amended Form Needed?

"Just curious how people handle this, because I've had it multiple times where I client inadvertently doesn't give us a Termination Date on the Plan Census. So this leads to the participant count being incorrect (for instance, someone terminated in '23 but we weren't notified so they were included in the Active Count). Do you: [1] File an amended '23 form, to correct it? [2] Just file the correct count for '24 and ignore the '23 issue? [3] Carry the mistake forward for consistency, but have the Year End numbers correct for '24? Obviously the easy thing is to just amend the '23 form and move forward accurately, but I was just curious how everyone handles this."

BenefitsLink® Message Boards

Trustee Was Killed

"One of my clients was killed. He was also the trustee of the 401k plan. A new trustee was appointed and an amendment was done. The resolution did not address removing the old trustee as I didn't think it needed to be addressed since he was deceased. Should I have had some language addressing the removal of the deceased person as trustee?"

BenefitsLink® Message Boards

Press Releases

MissionSquare Announces Firm's Largest Reduction in Fund Costs, Providing Investors with Greater Long-Term Investment Value

MissionSquare Retirement

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

The REAL Skinny About 3(16) Services

ON-DEMAND WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Before the Storm: Preparing for Takeovers and the Data Drama Ahead

August 22, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Abandoned Plans: Risks and Remedies

September 9, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Benefits Beautifully Reimagined: Navigating the OBBBA’s Impact on Benefits

September 9, 2025 WEBINAR

Corporate Synergies

Last Issue's Most Popular Items

Unanswered Questions on Trump Accounts

Slott Report

Judge Approves Historic $69M Settlement in UnitedHealth 401(k) Suit

Hall Benefits Law

Raising the Social Security Retirement Age While Protecting the Poor

Stanford Institute for Economic Policy Research [SIEPR]

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

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.

Links to web sites other than BenefitsLink.com and EmployeeBenefitsJobs.com are offered as a service to our readers. We are not involved in their production and are not responsible for their content.