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Retirement Plans Newsletter
August 14, 2025
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💼 New Job Opportunity Today
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[Official Guidance]
Text of PBGC Final Rule: Miscellaneous Corrections, Clarifications, and Improvements
36 pages. "This final rule makes miscellaneous technical corrections, clarifications, updates, and improvements to several of the [PBGC's] regulations.... The major provisions of this rulemaking amend PBGC’s regulations on: - Premium
Rates, by codifying the changes of the [SECURE Act] applicable to cooperative and small employer charity (CSEC) plans and certain community newspaper plans;
- Payment of Premiums, by revising the due date for the final premium for terminating plans to be the earlier of the normal premium due date or 45 days after the date the post-distribution certification is filed;
- Termination of Single-Employer Plans, by setting due dates for the standard termination notice and notice of intent to terminate where the plan administrator has not provided a proposed termination date, and by adding additional criteria majority owners must meet to waive their benefits if they are owners through constructive ownership; and
- Termination of Multiemployer
Plans, by eliminating a requirement for terminated and insolvent multiemployer plans to file withdrawal liability information."
MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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[Sponsor]
Your Peers are Choosing ASC. Here are Some Reasons Why.
"RMS has always been very happy with ASC's recordkeeping and Plan Document System. Both are very flexible and easy to work with, and we always receive quick responses to any service requests!" Amber Lloyd, Retirement Management Services. Read more.
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[Guidance Overview]
Retirement Plan Alternative Asset Investment Options: Plan Fiduciary Considerations
"[T]his policy shift does not change the scope of any fiduciary duties and could easily add to the ever-evolving list of litigation concerns that plan sponsors and fiduciaries must consider.... Alternative assets present unique considerations that require careful evaluation, and
a solid foundation in these concepts will make future guidance on expanding access to alternative investments more actionable." MORE >>
Holland & Knight
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[Guidance Overview]
What Else Can the DOL Do to Promote Private Securities?
"One area where the DOL would have authority to regulate would be qualified default investment alternatives (QDIA) ... QDIA regulations require that a participant have the right to transfer their money from the default to a new investment at least once every three months. This
would suggest that the default fund in question must have the liquidity to accommodate this requirement, which many funds with illiquid private assets might struggle to comply with." MORE >>
Plan Sponsor Council of America [PSCA]
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[Guidance Overview]
IRS Guidance on Uncashed and Reissued Checks Presents Opportunity to Review Payment Practices
"Revenue Ruling 2025-15 confirms that a payor is not entitled to unwind required withholding or otherwise make an adjustment
or obtain a refund of tax withholding because a check has not been cashed. Nevertheless, because the IRS had not previously summarized these principles together in a single release, the Ruling provides helpful clarity to payors and plan administrators." MORE >>
Morgan Lewis
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Selecting Annuity Providers for Retirement Plans: Tips for Success
"[1] Engage independent experts ... to assist in evaluating prospective insurers and an actuary early in the planning phase. [2] Build in at least four to six weeks for RFP responses, provider Q&A, and internal reviews. [3] Use a standardized
scorecard ... [4] Maintain a decision file ... [5] For ongoing plans, schedule annual or biennial reviews of active contracts to confirm ongoing performance and cost competitiveness and re-benchmark quotes every three to five years." MORE >>
Bradley
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Gig Worker Bill Also Includes Changes to 'Groups of Plans' Audit Requirements
"In addition to permitting contractors to participate in retirement plans like single pension IRA plans and pooled employer plans (PEPs), the Independent Retirement Fairness Act (S 2217) ... would simplify the auditing requirements for GoPs by amending the SECURE Act (as amended by SECURE 2.0) to permit GoPs subject to the annual audit requirement to perform a consolidated audit similar to the rules for PEPs." MORE >>
American Retirement Association [ARA]
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2026 Social Security COLA July Projection Rises
"Retirees are likely to see only a modest rise in Social Security benefits next year ... The Senior Citizens' League (TSCL) has raised its prediction to 2.7% in July from 2.6% in June based on creeping inflation rates. The TSCL has raised its projection by 0.1%
every month since its estimate for March[.]" MORE >>
Kiplinger
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Social Security Turns 90: The Cornerstone of Retirement Income (PDF)
62 pages. "[T]his report ... illustrate[s] how this social safety net plays a vital role in helping Americans achieve a more secure retirement. The report examines people's beliefs, expectations, and reliance on Social Security. It also sheds light on their views on how
to address its funding shortfalls." MORE >>
Transamerica Center for Retirement Studies
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[Opinion]
DOL Sends Mixed Signals on Alternative Investments in Retirement Plans
"it's going to be a long time, a very long time, before private investments go airborne.... 'Fiduciary' is one problem. Liquidity is probably a bigger one.... [L]ogistical issues around liquidity and other alts limitations are big reasons why the executive and
DOL guidance is specific to asset allocation funds versus standalone alts." MORE >>
RIABiz
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[Opinion]
How Two Firms Quietly Threaten Pension Funds and Taxpayers
"ISS and Glass Lewis are private companies that dominate the proxy advisory market, influencing how institutional investors, including public pension funds, vote on matters like executive pay, board elections, and environmental proposals. These votes shape corporate policy,
impact stock performance, and ultimately affect the financial stability of the retirement systems that millions of public employees depend on.... [N]either ISS nor Glass Lewis has any fiduciary duty to the pensioners or taxpayers whose financial futures are affected by their recommendations." MORE >>
Reason Foundation
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Benefits in General |
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Best Practices for ERISA Plan Sponsors and Fiduciaries in a Changing World: Using Insurance Wisely
"[P]oint number one for plan sponsors: take fiduciary liability insurance very seriously, and don't treat it like just another part of the corporate insurance program.... Point number two for plan sponsors is to pro-actively understand the coverage.... Point number three for
plan sponsors and fiduciaries is to consider how much control of lawsuits against them that they want to have under their fiduciary liability insurance policies. " MORE >>
Stephen Rosenberg, The Wagner Law Group
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Executive Compensation and Nonqualified Plans |
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Morgan Stanley Wins Deferred Comp Arbitration Case
"In the FINRA award dated Aug. 8, a three-person panel ruled against former Morgan Stanley rep Patrick T. O'Neill.... In the arbitration, [O'Neill] argued that Morgan Stanley's deferred compensation plan forfeiture for advisors
who leave is 'impermissible under ERISA.' " [O'Neill v. Morgan Stanley, No. 24-00358 (FINRA Aug. 8, 2025)] MORE >>
WealthManagement.com
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Employee Benefits Jobs
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Selected New Discussions |
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Adopting New Profit Sharing Formula Retroactively to Include NHCEs
"There are 5 HCEs operating their solo 401(k) profit sharing plans with pro rata profit sharing allocation formulas. NHCEs were hired in 2024 and became eligible in 2024 but there was no plan covering them. The employer wants to retroactively adopt a PSP effective 2024 covering
the NHCEs as permitted under SECURE 2.0 with a new comparability allocation formula, and cross test the contributions in all six plans. To me, this seems permissible and not a cutback, because the NHCEs had not earned a right to the allocation formula. Am I missing something?"
BenefitsLink® Message Boards
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Press Releases |
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SageView Advisory Group Enhances Services and Midwest Footprint with Acquisition of Cap Strat
SageView Advisory Group
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Hy-Vee Health and Oscar Serve Up a New Era of Employer Healthcare
Oscar
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Best Practices on Handling Beneficiary Designations
ON-DEMAND WEBINAR
National Association of Plan Advisors [NAPA]
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IRAs and Employer Plans: Recognizing Prohibited Transactions
September 16, 2025 WEBINAR
Ascensus
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Last Issue's Most Popular Items |
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DOL Rescinds 2021 Supplemental Statement on Alternative Assets in 401(k) Plans
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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The Thoughtful Fiduciary's Guide to Alternative Assets for 401(k) Investors
McGuireWoods
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Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments
Verrill Dana LLP
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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