"In total, 15 federal district courts in 13 states have now ruled on motions to dismiss in 22 forfeiture cases.... With dismissals leading denials by an overall count of 16-6, the motion to dismiss win-rate for plan sponsors continues to exceed 70 percent. [A table] includes an updated list of the 22 motion to dismiss rulings."  MORE >>

"While the GAO and the SEC have expressed concern about cross-selling to retirement plan participants ... there is no body of case law specifically holding that plan data is a plan asset or that cross-selling violates ERISA. Further, courts have blocked enforcement of the [DOL's] rollover advice rule that makes rollover advice a fiduciary activity if there will be an ongoing advice relationship after the rollover. Faced with these challenges, plaintiffs have cast a wide net in their attempt to recover from Empower." [Williams‑Linzey v. Empower Advisory Group, LLC, No. 25‑14660 (D.N.J. complaint filed Aug. 15, 2025)  MORE >>

"Currently 70 percent of employers are not interested ... 12 percent were unaware of them, and 18 percent stated they might be interested in the future. The comments show concern about administrative complexity, fairness to employees without children, and funding concerns[.]"  MORE >>

"[A] chart explains what information is provided and the deadline for each notice or document.... Effective for plan year beginning after December 31, 2022, DC plan sponsors have the option to exclude certain employees from such notices."  MORE >>

"[1] Understand regulatory requirements ... [2] Provide clear, concise, understandable notices ... [3] Use multiple delivery methods ... [4] Stay ahead of deadlines ... [5] Maintain records of notices ... [6] Be transparent about fees and investments ... [7] Provide relevant information at key times ... [8] Make notices accessible to all participants ... [9] Promote financial education ... [10] Review and update notices regularly ... [11] Ensure a user-friendly format ... [12] Seek professional guidance as needed."  MORE >>

"The average 401(k) plan account balance for consistent participants rose each year from year-end 2019 through year-end 2023 -- with the exception of 2022, a year of stock and bond market declines.... On average, at year-end 2023, more than 70 percent of consistent 401(k) participants' assets were invested in equities ... Consistent 401(k) participants' exposure to target date funds was relatively unchanged between year-end 2019 and year-end 2023."  MORE >>

"[T]he average account balance across all participant accounts finished at $362,302 for the second quarter of 2025, up 7.9% from the first quarter and up 8.1% year-over-year.... Equities remained the largest asset category at 34.8% of participant holdings.... ETFs rose to 27.9% of total assets, overtaking mutual funds as the second most popular investment vehicle."  MORE >>

"[T]he Plaintiff is challenging a transaction in which a defined benefit pension plan maintained by Weyerhaeuser purchased annuity contracts from an insurance company by transferring assets to the insurer, which agreed to be liable for payment of the pension benefits.... The amicus brief urged the court to dismiss the case, explaining that the plaintiffs lack standing because they failed to allege an actual injury from the transaction." [Maneman v. Weyerhauser Co., No. 24-2050 (W.D. Wash. complaint filed Dec. 12, 2024)]  MORE >>

"After examining ERISA and the Federal Arbitration Act (FAA), the Ninth Circuit held that the employer could not unilaterally add an arbitration provision to an ERISA plan without obtaining consent from a 'relevant party.' ... The Ninth Circuit rejected the employer's argument that consent was not needed because employers can generally modify ERISA health plans unilaterally." [Platt v. Sodexo, S.A., No. 23-55737 (9th Cir. Aug. 4, 2025)]  MORE >>

"Though many of the solutions are geared toward individual investors, they can work for retirement plan participants. Even so, personalized retirement planning powered by AI is in its infancy, and plan sponsors are hardly early adopters of the shiny new tool. But the possibility of tailoring strategies to individual needs -- income, expenses, risk tolerance and long-term goals -- while keeping planning simple and accessible is becoming an increasingly feasible solution."  MORE >>

"[A]dding ESI would raise payroll taxes by about $400 per year on average and reduce Social Security's 75-year shortfall by about 25 percent. This option is somewhat regressive -- as it would collect no additional taxes from earners above the wage cap -- but it could be part of a larger reform package."  MORE >>