"Although PEPs are available to all sizes of employers, the New Guidance is specifically intended to help small employers evaluate and select 'high- quality' and 'low-cost' PEPs. The New Guidance also includes general questions intended to solicit information that may be used to help keep Congress informed about the PEP industry, and to help the DOL develop regulatory safe harbors to encourage the proliferation of these plans"  MORE >>

"Program enrollment: Expected to open in late 2025.... Even before registration opens, employers can position themselves for a smooth rollout: [1] Determine applicability ... [2] Prepare for exemption (if eligible) ... [3] Audit payroll systems ... [4] Organize employee data ... [5] Communicate with employees ... [6] Evaluate alternatives."  MORE >>

"In its analysis of the testimony of the plaintiffs' experts, the court noted several areas of concern, concludng that one expert's conclusions were largely based on personal experience, not industry practices, and relied on 'approximations, generalities, and personal examples' instead of 'demonstrable data.' The court also pointed out the other expert's lack of familiarity with documents he claimed to rely on in forming his expert opinions." [McDonald v. Laboratory Corp. of Am. Holdings, No. 22-0680 (M.D.N.C. Aug. 12, 2025)]  MORE >>

"While EBSA will never disclose the exact impetus for a particular investigation, certain ERISA violations are well known to make a plan a more likely target.... [T]he information and data reported in the Form 5500 may provide the EBSA a treasure trove of reasons to investigate a plan.... The issue of timeliness of deferral deposits is low hanging fruit for the EBSA investigator.... [A] general point of vulnerability for a plan may be the participants themselves."  MORE >>

"[1] Has your client acknowledged the policy change without treating it as a green light? ... [2] Can their recordkeeper actually handle daily pricing? ... [3] How often is the sleeve actually valued? ... [4] What happens when everyone wants out? ... [5] Can you defend the all-in fees to your client (and can they defend them to a judge)? ... [6] Where's the performance edge? ... [7] Are they telling participants the truth? ... [8] How will performance be measured?"  MORE >>

"These letters often cause confusion for both former participants and plan sponsors because they frequently cite stale information.... If a current or former plan participant provides their plan sponsor or administrator with one of these SSA letters, the plan sponsor or administrator should conduct a thorough review of the plan’s files to locate the account of the former participant and determine whether there is any balance in the account, and, if not, what happened to the balance."  MORE >>

"Nearly a quarter of all Gen Z employees aren't enrolled in a company retirement plan ... That's three times the rate of millennials, Gen X, and Boomers.... [1] Tailor plan design.... [2] Use short-form videos.... [3] Highlight flexibility over distant retirement dreams.... [4] Make enrollment feel like an app.... [5] Offer purpose-driven messaging.... [6] Integrate with onboarding gamification."  MORE >>

"To address the costs associated with the ESOP wind-down process, buyers should negotiate a dedicated escrow or reserve specifically for ESOP wind-down costs. This should be based on: [1] Estimated distributions and participant counts; [2] Projected legal, fiduciary and administrative costs (e.g., cost to administer participant distribution elections, obtain fiduciary tail policies, and seek an IRS determination letter); and [3] Potential audit and compliance expenses, including any expenses related to operational or other compliance issues for the plan."  MORE >>

"As AI models improve, they will get better at replacing the 'human connection' that advisors bring to the table. The good news for advisors is that AI has a hard time establishing a high degree of trust."  MORE >>

"If planning assumptions or expectations about the future are wrong in the aggregate (and they will be), [retirees] must be prepared to make adjustments in our spending or somehow increase our assets to keep our finances in balance. And, unfortunately, a lot can potentially go wrong with personal financial assumptions."  MORE >>

"A well-structured BOLI program provides banks with a tax-efficient asset that can help offset employee benefit costs while improving long-term financial stability and helping to attract and retain key employees. In fact, now may be one of the best times in the past few years for banks to consider BOLI due to the current higher-interest-rate environment."  MORE >>