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Retirement Plans Newsletter

August 27, 2025

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[Official Guidance]

Text of Hacienda Administrative Determination No. 25-03: Amendments to Puerto Rico's Retirement Plans Pursuant to the Provisions of SECURE Act 2.0

"[T]he Department has determined that amendments adopted by qualified retirement plan sponsors in Puerto Rico to adopt the provisions of the SECURE Act 2.0, whether optional or mandatory ... will not be considered part of the definition of the term 'Qualification Amendments'. Therefore, if a qualified retirement plan in Puerto Rico is amended to adopt the provisions of the SECURE Act 2.0, the plan does not have to be resubmitted to the Department to request a new Letter of Qualification. Any amendments adopted by qualified retirement plan sponsors under the Code, in parallel with the approval of amendments to adopt the provisions of the SECURE Act 2.0, are outside the scope of this Determination; therefore, they must be analyzed in light of CC PC 16-08 to determine whether they should be submitted to the Department for plan qualification."  MORE >>

Puerto Rico Departamento De Hacienda

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[Guidance Overview]

Executive Order Calls for Review of Alternative Assets in 401(k) Plans

"Although Executive Order 14330 makes no immediate changes ... this initiative could touch nearly every corner of retirement investing: how fiduciaries assess risk, the scope of permissible asset classes, and the way participants are informed about complex and often costly investment options. The changes under discussion are not immediate, but they have the potential to alter both regulatory expectations and the practical decisions plan sponsors will need to make."  MORE >>

Fox Rothschild LLP

[Guidance Overview]

DC Plans Await DOL's Trump-Ordered Alternative Asset Guidance

"DOL has until Feb. 3, 2026, to re-evaluate existing ERISA guidance on asset allocation funds that include these investments and clarify the agency’s views. The order instructs DOL to prioritize actions that will deter private plaintiffs from bringing ERISA lawsuits. While there is no immediate action for sponsors or fiduciaries to take, this article provides an overview of the order and key questions DOL may address in future guidance."  MORE >>

Mercer

Second Circuit Tightens Standing Rules for Breach of Fiduciary Duty Class Actions

"[T]he Second Circuit agreed with the district court that plaintiffs lacked constitutional and class standing to assert several of their claims because they did not adequately plead that they had suffered individual harm caused by defendants' imprudence or disloyal management.... The Second Circuit also rejected plaintiffs' argument that because they had made allegations supporting a breach of fiduciary duty with respect to some plan processes, the court should conclude that defendants employed a flawed process in general." [Collins v. Northeast Grocery, Inc., No. 24-2339 (2d Cir. Aug. 18, 2025)]  MORE >>

Kantor & Kantor

Ninth Circuit Weighs Employer’s Use of Non‑Vested 401(k) Funds

"Plan sponsors and administrators should closely monitor the Hutchins appeal because the decision should clarify the extent of discretion plan administrators may wield regarding the use of forfeited funds, and the decision may shape new practices for retirement plan design and administration." [Hutchins v. HP Inc., No. 23-5875 (N.D. Calif. Feb. 5, 2025; on appeal to 9th Cir. No. 25-826)]  MORE >>

Snell & Wilmer

Senators Push for DOL Rulemaking in Private Markets

"Senate Republicans urged Labor Secretary Lori Chavez-DeRemer to implement President Donald Trump's executive order on private market investments in defined contribution plans 'expeditiously' ... The senators noted that pensions already invest in alts, and it is unfair for 401(k) investors to lack access to those same investments. They requested 'that the process be done expeditiously through a formal rulemaking that establishes essential critical safe harbor protections.' "  MORE >>

Plan Sponsor Council of America [PSCA]

Ideas to Help Fund Automated Features, Part 2: Looking Beyond the Retirement Plan

"[The authors] look beyond the retirement plan budget to uncover broader funding strategies. Delaying automated features may cost participants potential savings. From rethinking total rewards to leveraging tax incentives, organizations can find ways to implement these plan features without significantly increasing overall costs."  MORE >>

Principal Financial Group

How Visual Imagery Transforms Benefits Decision-Making in the Workplace

"Many employees feel overwhelmed when selecting their benefits. Visual imagery can help simplify these complex choices at a glance.... Tailoring imagery to match behavioral tendencies and known barriers can help improve engagement and lead to smarter financial decisions.... By understanding what truly drives action, we can reshape engagement efforts to eliminate barriers and promote better financial and benefits decisions."  MORE >>

VOYA Financial

Trading in IRAs: Key Considerations

"[A]ctively trading in a retirement account comes with different considerations than trading in a general account, and it's important for investors to ensure the moves they make today aren't likely to risk putting their retirement income in jeopardy. If a trader decides to trade individual stocks or options within their retirement account, there are a few considerations to keep in mind."  MORE >>

Charles Schwab

Milliman Pension Buyout Index, August 2025

"[T]he competitive bidding process is estimated to save plan sponsors on average around 4.0% as of July 31. Second, retirees can be annuitized for an estimated 100.1% of accounting liabilities (accumulated benefit obligation)."  MORE >>

Milliman

Benefits in General

How Forward-Thinking Employers Are Managing Cost, Complexity, and Care in 2025

"[1] Spend smarter by targeting root causes of cost ... [2] Design benefits based on actual needs vs. assumptions ... [3] Go beyond financial literacy to Financial Care ... [4] Deliver flexibility, with guidance ... [5] Tie benefits to organizational purpose."  MORE >>

Brightside

Executive Compensation and Nonqualified Plans

Eleventh Circuit Affirms Liability for Breach of Top Hat Plan Terms Where Lump-Sum Payouts Reduced Promised Lifetime Annuities

"Affirming the Northern District of Georgia's summary judgment for participants, the court held that NCR's lump-sum payments 'adversely affected' the accrued benefits of at least some participants in violation of the plans' unambiguous terms and that the district court's make-whole remedy was appropriate." [Hoak v. NCR Corp., No. 24-12148 (11th Cir. Aug. 26, 2025)]  MORE >>

Roberts Disability Law

Modern Bonus Structures: The Rise of Multi-Factor Incentive Plans

"As investor expectations shift, regulatory pressure mounts, and business models evolve, compensation committees are moving away from short-term incentive plans that rely solely on a single financial performance measure.... [This article] outlines how public company boards and compensation committees are responding by adopting annual bonus structures that incorporate multiple performance factors, strategic goals, and clearly governed discretion frameworks."  MORE >>

Nelson Mullins

Employee Benefits Jobs

💼

Front Desk-Accounts Receivable Assistant

Daybright Financial

NM

View job as Front Desk-Accounts Receivable Assistant for Daybright Financial

💼

360 Payroll Integration Specialist

PCS Retirement

Remote

View job as 360 Payroll Integration Specialist for PCS Retirement

💼

Sr Operations Analyst, Retirement Services (Relius STP & Trading)

American Trust Retirement

Remote

View job as Sr Operations Analyst, Retirement Services (Relius STP & Trading) for American Trust Retirement

💼

Retirement Operations Implementation Specialist

Alerus

Remote

View job as Retirement Operations Implementation Specialist for Alerus

💼

Compliance Officer, RPS

1st Source Bank

South Bend IN

View job as Compliance Officer, RPS for 1st Source Bank

Press Releases

Robert Gower Appointed President of the Western Pension & Benefits Council Governing Board

Trucker Huss

Transamerica Welcomes Jason Frain as Head of Retirement Solutions

Transamerica

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

Alternative Investments in 401(k)s: Risk, Rules & Reality

PODCAST

Williams Mullen

Last Issue's Most Popular Items

Big Catch-Up Contribution Changes Coming in 2026

Ferenczy Benefits Law Center

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

ThinkAdvisor

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

October Three Consulting

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

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