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Retirement Plans Newsletter

August 28, 2025

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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]

[Sponsor]

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Sponsored by ASC

[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

[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

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]

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

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

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

Benefits in General

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

Employee Benefits Jobs

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Union Side Labor and ERISA Associate

Friedman & Anspach

New York NY

Selected New Discussions

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

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

Press Releases

Guideline Enters Agreement to be Acquired by Gusto

Guideline

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

Understanding Registered Index-Linked Annuities: Balancing Growth and Protection in Today’s Market

ON-DEMAND WEBINAR

ThinkAdvisor

Last Issue's Most Popular Items

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

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

Brightside

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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