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Retirement Plans Newsletter
August 28, 2025
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💼 New Job Opportunity Today
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[Guidance Overview]
How Might the SEC Pave the Way for Private Investments in 401(k) Plans?
"[If] 25% or more of a fund's assets are tied to ERISA-governed benefit plans, then 'the fund becomes a fiduciary under ERISA.' ... Since a retirement plan would entail a steady flow of investment to the fund, this flow must be managed if the fund is keen to
avoid the 25% threshold ... All this compliance work means that many plans and private funds, especially smaller ones, will just avoid this hassle altogether. Unless, of course, the rules were changed." MORE >>
American Retirement Association [ARA]
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[Sponsor]
Revolutionize Year-End Admin & Compliance Processes with SSP
Sound impossible to automate your entire year-end processes while you keep 100% control? From census import, validations, compliance testing to report generation & exception handling. Consistent accurate results. No install, Web Access. See for yourself!
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[Guidance Overview]
New Executive Order Expands 401(k) Investment Opportunities
"Many private equity funds operate as partnerships or LLCs, which can result in retirement investors like 401(k) plans being treated as partners for tax purposes when they invest in these funds.... Many retirement plans lack the infrastructure to monitor UBTI exposure, handle tax
filings, or manage the related administrative tasks. If these obligations are overlooked, the plan may face penalties and interest from both federal and state tax authorities." MORE >>
EisnerAmper
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[Guidance Overview]
PR Treasury Provides Guidance on Impact of SECURE 2.0 Amendments
"AD No. 25-03 provides that amendments for
SECURE 2.0 provisions -- whether optional or mandatory -- do not constitute Qualification Amendments. This clarification is important because under long-standing PR Treasury guidance, a Qualification Amendment must be submitted to the PR Treasury for a new determination letter (even if the plan already has a recent determination letter)." MORE >>
Groom Law Group
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Is Your Retirement Plan a Secret? Consider Total Compensation Statements
"[L]ess than one-quarter of employees ... who don't understand their retirement benefits are satisfied with them. But more than three times as many employees -- more than 70% -- were satisfied with the retirement plan their employer offered if they understood
that benefit.... One of the means by which an employer/plan sponsor can inform employees about the benefits it offers is the total compensation statement (TCS)." MORE >>
American Retirement Association [ARA]
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Protecting Benefits During a Partial Pension Risk Transfer
"One crucial consideration is the impact on plan participants' pension benefits due to the transition from the protections afforded by federal standards under ERISA and the PBGC to the state insurance guarantees, which vary. This article is an introduction to partial pension
risk transfers for plan sponsors that are interested in learning more before deciding whether to pursue the strategy, which isn't right for every organization." MORE >>
Segal
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Trustee Considerations After a Pension Plan Receives SFA
"This article discusses considerations for trustees of plans that have received SFA: [1] Rehabilitation plan updates; [2] Investment strategy; [3] Actuarial assumptions review; [4] Accrual rate increases; [5] Variable benefit designs; [6] New
employer engagement; [7] Small benefit cash-outs; [8] Plan mergers." MORE >>
Segal
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Public DB Plan Returns in 1H25: Update and Analysis
"In the fiscal year ended June 30, 2025, the median public pension plan gained 11.3%, well in excess of the median assumed rate of return of 7.00%. This marks the third consecutive fiscal year where the median public DB plan’s return was well in excess of the assumed rate
of return (2023: 8.9%; 2024: 10.6%). This bodes well for an improvement in funded status across public plans." MORE >>
Callan
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Benefits in General |
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ERISA Settlement Enforced, Fees Awarded -- Even After the Claimant Tried to Back Out
"Kimberly admitted she initialed the distribution terms and didn't claim fraud or any mutual legal mistake. Her objections didn't challenge the substance of the deal -- just side issues. So the court found the agreement binding.... Once material terms are clear,
they're enforceable, ... The court didn't hesitate to sanction Kimberly via fee-shifting.... Lawyers aren't helpless just because they withdraw -- they're still owed fair compensation under quantum meruit." [Bennett v. The Prudential
Ins. Co. of Am., No. 23-11070 (E.D. Mich. Aug. 26, 2025)] MORE >>
Roberts Disability Law
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Employee Benefits Jobs
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Selected New Discussions |
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Nondeductible Contributions
"What happens to nondeductible contributions at plan termination? We have a plan sponsor that has negative K-1 income and 2024 is their final plan year (12/31/2024 plan termination date). They have a minimum required contribution and want to know what happens to this money at
time of distribution. For what it's worth, it's an owner only plan and presumably, the owners (50/50) will be rolling over their funds into an IRA. I don't have any experience with nondeductible contributions at plan termination so am feeling a bit lost as the TPA."
BenefitsLink® Message Boards
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Public Employee with Outside Earned Income
"Have a scenario where a county employed judge has a private business. As a county employee she has a government provided pension plan. Her private company is very profitable and will be for at least another 8-10 years. Can her private company (an S-corp) sponsor a defined
benefit plan for her as the only employee? Would her government provided pension plan benefits she accrued factor into what could be done with the private plan?"
BenefitsLink® Message Boards
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Press Releases |
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Guideline Enters Agreement to be Acquired by Gusto
Guideline
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Understanding Registered Index-Linked Annuities: Balancing Growth and Protection in Today’s Market
ON-DEMAND WEBINAR
ThinkAdvisor
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Last Issue's Most Popular Items |
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Text of Hacienda Administrative Determination No. 25-03: Amendments to Puerto Rico's Retirement Plans Pursuant to the Provisions of SECURE Act 2.0
Puerto Rico Departamento De Hacienda
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How Forward-Thinking Employers Are Managing Cost, Complexity, and Care in 2025
Brightside
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DC Plans Await DOL's Trump-Ordered Alternative Asset Guidance
Mercer
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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