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Retirement Plans Newsletter

August 19, 2025

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💼  4 New Job Opportunities

 

[Official Guidance]

Text of IRS Notice 2025-43: Weighted Average Interest Rates, Yield Curves, and Segment Rates for August 2025 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

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[Guidance Overview]

Meaningful Lessons from DOL's 'Withdrawal of Withdrawal' of Plan Annuity Regs

"The two regulations not only laid out some serious technical groundwork for the current DC lifetime income programs but -- as the affected stakeholders pointed out to the DOL -- they are actually still in use.... There are valuable lessons about DC lifetime income programs we can all draw from the DOL's miscalculations about the continuing efficacy of annuity regulations."  MORE >>

The Business of Benefits

[Guidance Overview]

A Fiduciary's Next Steps After the Executive Order: Opening the 401(k) Door to Alternative Investments

"While the headlines emphasize new investment possibilities, ERISA fiduciaries must proceed with caution. The Executive Order sets policy direction, but it does not alter fiduciary obligations under ERISA. Moreover, in light of recent Supreme Court precedent, fiduciaries should reexamine how much reliance they can place on agency guidance and regulations when making decisions about designated plan investment options."  MORE >>

Jackson Lewis P.C.

[Guidance Overview]

Managing Fiduciary Liabilities as Plan Investment Options Grow

"For plan sponsors and fiduciaries, ... the order is likely to make their roles and the process of selecting investment options more complicated. It could also make plan administration more costly.... While some participants will find fault with the mere fact that riskier investments will now be available, others might question sponsors that elect not to make such options available."  MORE >>

Lockton

Second Circuit Narrows ERISA Fiduciary Mismanagement Claims But Revives Prohibited Transaction Theory

"The panel issued a split disposition: affirming dismissal of most claims for failure to state a claim, but vacating dismissal of the prohibited transaction and related “breach by omission” claims in light of the Supreme Court’s recent decision in Cunningham v. Cornell University." [Collins v. Ne. Grocery, Inc., No. 24-2339 (2d Cir. Aug. 18, 2025)]  MORE >>

Roberts Disability Law

Federal Circuit Rejects Pensioners’ 'Takings' Challenge to MPRA Benefit Reductions

"The plaintiffs alleged that reductions in their pension benefits, implemented under the Multiemployer Pension Reform Act of 2014 (MPRA), amounted to an uncompensated taking under the Fifth Amendment. The Federal Circuit affirmed the Court of Federal Claims' grant of summary judgment for the government, holding that the benefit reductions did not constitute either a physical or regulatory taking." [King v. U.S., No. 23-1956 (Fed. Cir. Aug. 18, 2025)]  MORE >>

Roberts Disability Law

Expanding Small Benefit Cash-Out Rules in Multiemployer DB Plans

"[E]xpanding small benefit-cash out rules may produce significant savings on PBGC premiums and other costs related to plan administration.... [In] the current interest rate environment, the cost related to differences in interest rates is often less than the long-term savings from reduced PBGC premiums and other administrative costs.... [S]electing an IRA provider is an important part of the process ... [T]rustees may [want to] increase the length of the break in service after which a terminated vested participant is subject to cash-out. "  MORE >>

Segal

State Auto-IRAs Reach $2 Billion in Assets

"Over one million workers have saved more than $2 billion with state-run automatic individual retirement accounts (IRAs).... [P]lans initially took six years to reach one billion but just 18 months to total $2 billion dollars.... More than 250,000 employers have registered to incorporate an auto-IRA into their workforce, and 'tens of thousands more' have elected to establish their own 401(k) or other qualified retirement plan[.]"  MORE >>

401(k) Specialist

[Opinion]

Why Qualified Retirement Assets Should Be Included in the 'Accredited Investor' Definition (PDF)

"Accredited investors are assumed to be financially sophisticated individuals and are therefore able to participate in more complex investment strategies.... [F]ailing to consider qualified retirement assets in net worth under the definition of accredited investor would result in the exclusion of more financially sophisticated investors, not less, which is likely counter to the intent of any kind of potential change to the definition."  MORE >>

Defined Contribution Institutional Investment Association [DCIIA]

[Opinion]

Rebalancing Retirement: How 401(k) Plans Exacerbate Inequality and What We Can Do About It

"Incentives for individuals to save for retirement currently total 1.5% of US GDP. For that substantial investment, we get a system that actually deepens wealth inequality.... This Article examines the structural causes of these disparities ... critiques the shortcomings of the non-discrimination rules, and proposes practical reforms to the 401(k) system ... [These] reforms would realign public policy to address the related needs for more economic equality and to provide equitable incentives for retirement savings for the many, not just the few."  MORE >>

Quinn Curtis, Leo E. Strine, Jr. and David H. Webber for Boston Univ. School of Law via SSRN

Benefits in General

[Official Guidance]

Text of JBEA Final Regs: Continuing Professional Education Requirements

"These final regulations remove the physical presence requirement for formal continuing professional education programs required for active (printed page 40232) enrolled actuaries and the physical location requirement from course certifications. These final regulations also modify the continuing professional education requirement for certain actuaries who seek to return to active enrollment from inactive status due to their failure to timely satisfy the renewal requirements in the first enrollment cycle after their initial enrollment. Finally, the final regulations add a requirement that certificates of instruction for continuing professional education courses must reflect the hours credited toward the formal program requirement."  MORE >>

Joint Board for the Enrollment of Actuaries [JBEA]

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away

"When an employee passes away, employers are suddenly faced with a tangle of legal, tax, and benefits questions that don’t come up in your average HR handbook. Who gets the final wages? What about that bonus they were about to earn? Can we offer extra support to the family without triggering a tax nightmare? ... What happens to PTO, health insurance, retirement plans, and other benefits? ... The generous employer’s dilemma."  MORE >>

Seyfarth

Executive Compensation and Nonqualified Plans

How to Allocate the Employee Equity Pool

"Company equity is a powerful tool for compensating employees, attracting investors, and aligning the interests of key stakeholders with the long-term goals of the business. It is also a complex area that requires careful planning and consideration to avoid common pitfalls. Founders should consider the equity as a resource that dilutes existing ownership and look at the long-term implications of their decisions to allocate equity."  MORE >>

Cohen & Buckmann, P.C.

Employee Benefits Jobs

💼

Fiduciary Analyst

Anchor 3(16) Fiduciary Solutions LLC

Remote / Wexford PA

View job as Fiduciary Analyst for Anchor 3(16) Fiduciary Solutions LLC

💼

Actuarial Compliance Consultant

July Business Services

Remote

View job as Actuarial Compliance Consultant for July Business Services

💼

Part-Time 401(k) Plan Administrator

Local Alexandria, VA based CPA Firm

Remote

💼

Retirement Plan Consultant

The Finway Group

Remote / West Des Moines IA

View job as Retirement Plan Consultant for The Finway Group

Selected New Discussions

Naming an Investment Fiduciary

"The FT William pre-approved document allows us to select whether the Investment Fiduciary will be if not the Trustee. Has anyone ever seen this used to name someone other than the Trustee (my plan does not have a directed trustee)? It looks like the default investment fiduciary is the plan sponsor. That doesn't seem normal though because the norm is for the trustee to sign off on investment changes for example."

BenefitsLinkĀ® Message Boards

Higher-Wage Participant's Age-Based Catch-Up: What Is an Effective Opportunity to Elect Against Roth Contributions?

"For Internal Revenue Code provisions about a higher-wage participant who must make age-based catch-up deferrals as Roth contribution (or get no such catch-up), a proposed rule lets a plan provide a deemed election for Roth contributions. Among other conditions, the plan must provide a Section 414(v)(7)-affected participant an 'effective opportunity' to make a different election.... For the audience we seek to reach (age 49 or older, 2025 FICA wages > $150,000) and the choice the election asks, what facts do you think makes an effective opportunity? ... 

"[I]magine a plan with at least a thousand Section 414(v)(7)-affected participants, who specified all deferrals as non-Roth contributions, and didn't respond before 2026 to 2025's communications imploring them to make revised deferral elections. When would you send such a participant a notice of the employer/administrator's intent to treat a non-Roth election as a Roth election (absent an election for no catch-up deferral)?"

BenefitsLinkĀ® Message Boards

Press Releases

Asteri Collective Launches to Redefine the Role of Retirement Plan Consultants

Asteri Collective

The Cerrado Group Holds Annual Meeting

The Cerrado Group

The Retirement Advantage Expands Western U.S. Presence with David Kay as New Regional Plan Consultant

TRA [The Retirement Advantage]

CBIZ Names Jennifer Hutchins Chief Investment Officer of Investment Advisory Services

CBIZ, Inc.

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

The One Big Beautiful Bill Act: Benefits Provisions and Plan Impacts

August 26, 2025 WEBINAR

International Foundation of Employee Benefit Plans [IFEBP]

ESOP Transactions and Compliance Issues: Structuring Options, SECURE 2.0, IRS Expanded Focus, Fiduciary Liability

October 7, 2025 WEBINAR

Strafford

Ascend 2025

November 17, 2025 in TN

Ascensus

Last Issue's Most Popular Items

SECURE 2.0 and Roth Catch-Up Rules: Preparing for 2026

Navia

Bill Aims to Raise Social Security Payroll Tax Cap

ThinkAdvisor

Mergers, Acquisitions and 401(k) Plans: What Plan Sponsors Need to Know

Cassell Plan Audits

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

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