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Retirement Plans Newsletter

August 26, 2025

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[Guidance Overview]

DOL Provides Guidance on Employer Fiduciary Obligations in PEPs, Part 1

"On July 24, 2025, the [DOL] released a document with respect to pooled employer plans (PEPs) that included a general description of PEPs and how they work, 'limited interpretive guidance,' a set of 'Fiduciary Tips for Small Employers Selecting a PEP,' and a request for information (RFI)  ... In this article, after a review of some PEP 'basics,' [the authors] focus on DOL's review of and guidance with respect to employer and provider fiduciary obligations with respect to a PEP."  MORE >>

October Three Consulting

[Sponsor]

Anticipating Change: Turning Proposed Legislation Into Strategic Insight

Legislation is evolving fast. Discover how upcoming compliance changes can become opportunities for trust and growth—and reach out to see how we can help. Read the full insight.

Sponsored by Enterprise Iron

[Guidance Overview]

Things to Worry About, Part 16: Executive Orders, Private Funds, and Fiduciary Standards (2)

"This article about the Executive Order on Alternative Assets was written by ChatGPT. [Mr. Reish[ thought it would be interesting to see what it, with its infinite database, had to say about the EO.... [His] prompt to ChatGPT was: Please summarize the EO, explain its significance, predict what will happen, discuss the possible problems and benefits."  MORE >>

FredReish.com

[Guidance Overview]

Big Catch-Up Contribution Changes Coming in 2026

"Plan Sponsors that do not want to add a Roth provision to their plan do not need to do so, nor do they need to stop permitting catch-up contributions. However, only non-HPIs would be able to make catch-up contributions under such plan.... Plan Sponsors will need to monitor who is an HPI and ensure that they are not permitted to defer more than the deferral limit ... A plan can provide that, in the absence of an affirmative election to the contrary, HPI participants will be deemed to have irrevocably elected that their catch-up contributions will be Roth.... There are three ways in which a Plan Sponsor may correct an HPI's pre-tax catch-up contributions."  MORE >>

Ferenczy Benefits Law Center

Can A Plan Keep Its Cashout Limit at $5,000?

"Yes. The $7,000 threshold is merely a maximum amount for the mandatory small balance cashout provision for terminated employees; plan sponsors are free to set the amount anywhere up to $7,000."  MORE >>

PLANSPONSOR; registration may be required

Employers Are Undecided About Trump Accounts

"[S]tarting no earlier than next July, the 'One Big Beautiful Bill Act' will allow individuals to contribute to the 'Trump Accounts' of their dependent children under 18. Employers may also contribute to these accounts ... These accounts generally will be treated like non-Roth IRAs but are subject to a number of special conditions until the beneficiary turns 18."  MORE >>

Mercer

Nearly Half of Plan Participants Would Invest in Private Assets

"Across 401(k), 403(b) and 457(b) retirement account participants, 45% say they would invest in private assets, up from 36% in 2024. Though most did not expect to have access to the investments soon, 77% said they would increase their contributions if they could invest in alternatives."  MORE >>

PLANSPONSOR; registration may be required

SECURE 2.0 and State Mandates Are Powering a Micro 401(k) Boom

"Cerulli expects there will be more than one million 401(k) plans by the end of the decade -- an increase of 36% over the next five years ... Approximately 150,000 new 401(k) plans were added between 2018 and 2023, with nearly two-thirds of these plans added in 2021 and 2023. Much of this growth is from employers starting new plans."  MORE >>

InsuranceNewsNet.com

Father of 4% Rule Shares Steps to Finding the Right Retirement Spending Rate

" 'I recommend somewhere around 5.5% per person retiring today; 4.7% is very meager,' [Bill Bengen] says ... Bengen goes on to reveal four 'free lunches,' as he dubs them, to enhance retirement portfolios and why mutual funds and ETFs are providing 'a nirvana for investors.' "  MORE >>

ThinkAdvisor

Benefits in General

[Official Guidance]

Text of DOL Notice: Transition to Electronic Payments and Disbursements

"his notice is to inform the public that effective September 30, 2025, the [DOL] will no longer accept paper checks as a form of payment ... This change is intended to improve efficiency in processing payments and reduce administrative burdens. DOL is committed to assisting the public during this transition period and encourages any affected parties to reach out with questions or concerns."  MORE >>

U.S. Department of Labor [DOL]

Employee Benefits Jobs

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Plan Document Specialist

PCS Retirement

Remote

View job as Plan Document Specialist for PCS Retirement

Selected New Discussions

Investment: LLC K-1 Is Negative

"This is a legacy plan with a set of long time partners. One partner has an LLC investment that pays out dividends, but the K-1 has shown a negative balance for two years now, with the most recent year even more negative. Not sure how to treat this for calculation of total assets in the plan?"

BenefitsLink® Message Boards

Definition of Comp: Overtime and Tips Deduction

"If a plan uses the W-2 definition of compensation, then it is pretty clear that tips and overtime are included in Box 1 of W-2 and thus the exclusion of overtime and tips will not affect comp. But what about if the definition of comp is based income for purposes of withholding? If the IRS clarifies that qualifying tips and overtime are not subject to withholding, won't that create a problem? I am hearing that the IRS may do just that for 2026."

BenefitsLink® Message Boards

Press Releases

TRA Wins Brandon Hall Group Bronze Award for Innovation in Learning & Development

TRA [The Retirement Advantage]

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

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

ON-DEMAND WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

HR Technology Trends and Transparency Tools

September 17, 2025 WEBINAR

Savoy

Last Issue's Most Popular Items

Ditch Monte Carlo Modeling and Embrace the Actuarial Approach

Ken Steiner, FSA Retired

Managing Retirement Plan Litigation Risk: Know Your IPS

Stinson

DOL Rescinds Guidance on ERISA Plan Sponsor Vendor Diversity Program

Morgan Lewis

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

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