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Retirement Plans Newsletter
August 29, 2025
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💼 New Job Opportunity Today
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[Official Guidance]
Draft of 2026 IRS Form 5498: IRA Contribution Information (PDF)
"The information on Form 5498 is submitted to the IRS by the trustee or issuer of your individual retirement arrangement (IRA) to report contributions, including any catch-up contributions, rollovers, repayments, required minimum distributions (RMDs), and the fair market
value (FMV) of the account." MORE >>
Internal Revenue Service [IRS]
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Second Circuit Addresses Standing Requirements
"As to the plaintiffs' claims that the defendants failed to investigate the availability of lower-cost and equal or better-performing share classes ... the Second Circuit ... found the plaintiffs lacked Article III standing ... because the complaint failed to
allege that the plaintiffs invested in the allegedly imprudent funds. As to the claims that defendants imprudently failed to monitor recordkeeping fees ... the court similarly found a lack of standing because the complaint did not clearly allege that any of the plaintiffs invested in a fund with revenue sharing." [Collins v. Northeast Grocery, Inc., No. 24-2339 (2d Cir. Aug. 18, 2025)] MORE >>
Miller & Chevalier
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Home Depot Defeats ERISA Forfeiture Suit as Judge Dismisses Claims
"U.S. District Judge Tiffany R. Johnson ... emphasized the distinction between fiduciary and settlor roles carried out by plan sponsors, stating that courts have consistently held how plan sponsors choose to use forfeitures are settlor functions.... The judge explained that
Home Depot's actions aligned with the plan's terms, which allowed Home Depot to choose between using forfeited funds for the purpose of offsetting administrative costs or paying contributions to other accounts." [Cano v. The Home Depot Inc., No. 24-3793 (N.D. Ga.
Aug. 26, 2025)] MORE >>
PLANSPONSOR; registration may be required
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Emerging 401(k) Cybersecurity Threats
"Cyber-attacks on Section 401(k) plans and their participant accounts are not only increasing in number but, with the use of AI, they are increasing in sophistication. Plan fiduciaries ... need to take steps to protect plan assets from these risks by implementing
appropriate cybersecurity measures. All employees (not just HR staff) need to be aware of cybersecurity risks because those risks cannot be managed solely by IT security protocols such as secure messaging and multi-factor authentication." MORE >>
Golan Christie Taglia
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Lessons from Alternative Mutual Funds for 401(k) Advisors
"[W]hile companies have touted alternatives as a way to further diversify investments, the funds' high fees, complex nature, and illiquidity could be enough to turn investors and advisors away from utilization.... Ultimately, ... defaulting participants into a strategy
with private market investments could end up hurting their savings and breaking their trust in the retirement plan system. " MORE >>
401(k) Specialist
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New Bill Would Let Retired and Disabled Veterans Continue TSP Contributions
"Currently, contributions to a servicemember's TSP stop when they leave military or federal service, forcing veterans to find and open a new account to continue saving. Qualified retirees and veterans could continue making voluntary contributions under [the Financial
Opportunities for Retirees and Warriors Advancing Retirement Development (FORWARD) Act (HR 4996)] from their retired pay or disability compensation, but the bill does not authorize government matching contributions." MORE >>
American Retirement Association [ARA]
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Tracking Down a Lost 401(k)
"[It's] estimated there are more than 29 million forgotten 401(k)s holding assets in excess of $1.7 trillion. If left unattended for too long, old accounts can be converted to cash -- and even transferred to the state as unclaimed property -- forgoing their
future growth potential. If you're among those with misplaced savings, here's how to locate and retrieve them." MORE >>
Charles Schwab
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Does Common Ownership Affect Employee Welfare? Evidence from Corporate Pension Funding
"[The authors] find robust evidence that firms with common ownership experience greater pension underfunding than firms without common ownership. This effect increases with firms' value-added activities, common owners' shareholding, ownership duration, and portfolio size.
It decreases with labor union power and managers' own pension interests. " MORE >>
Zhiming Ma, Charles Hsu,and Kaitang Zhou via SSRN
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Benefits in General |
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Sixth Circuit Rejects Surcharge as a Remedy Under Section 502(a)(3)
"The Sixth Circuit recently addressed whether 'equitable relief' under ERISA includes the remedy of 'surcharge.' Following a 2023 decision from the Fourth Circuit, the Sixth Circuit concluded that it does not. The courts reached this conclusion by engaging in an
analysis that more litigants and courts should be conducting in ERISA cases." [Aldridge v. Regions Bank, No. 24-5603 (6th Cir. Jul. 17, 2025)] MORE >>
Faegre Drinker
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Executive Compensation and Nonqualified Plans |
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Executive Compensation: The Importance of Being Clear (Being Earnest May Not Be Relevant)
"The well-established concept that the administrator of an ERISA plan should be permitted to interpret the terms of the plan and be subject to a deferential standard of review ... may not actually apply to a 'top hat' plan. Similarly, it is unlikely that an
employer's right to interpret an executive compensation agreement or contract would be given that level of deference by a court in the event of a dispute.... The words in the contract actually matter, and any discretionary rights an employer wants to retain should also spell out as clearly as possible exactly what that would involve." MORE >>
Littler
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Employee Benefits Jobs
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Exploring Tax Efficient Strategies Beyond Investment and Retirement Planning
ON-DEMAND WEBINAR
T. Rowe Price
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An Evolving Retirement Plan Landscape: What Financial Service Providers Need to Know
October 16, 2025 WEBINAR
Faegre Drinker
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Last Issue's Most Popular Items |
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PR Treasury Provides Guidance on Impact of SECURE 2.0 Amendments
Groom Law Group
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How Might the SEC Pave the Way for Private Investments in 401(k) Plans?
American Retirement Association [ARA]
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ERISA Settlement Enforced, Fees Awarded -- Even After the Claimant Tried to Back Out
Roberts Disability Law
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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