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Retirement Plans Newsletter
September 5, 2025
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💼 4 New Job Opportunities
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[Guidance Overview]
The Retirement Savings Contribution Credit and the Saver's Match
"The Retirement Savings Contribution Credit [IRC Section 25B] -- commonly referred to as the Saver's Credit -- is a tax expenditure meant to encourage low- and moderate-income taxpayers to save for retirement. The SECURE 2.0 Act of 2022 created a Saver's
Match, scheduled to largely replace the Saver's Credit beginning in 2027. This In Focus describes these two subsidies for saving and their effects (actual or potential) on saving." [IF11159 Sep. 4, 2025] MORE >>
Congressional Research Service [CRS]
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[Sponsor]
Are your clients ready for the 403(b) Restatement Cycle 2?
Our Retirement Plan Compliance Services experts collaborate seamlessly with your team: Streamline plan document restatements ... Reduce administrative burdens ... Safeguard client relationships with audit-ready compliance. Let’s make Cycle 2 a smooth process for you and your clients.
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Magistrate Recommends Dismissal of PRT Complaint in Its Entirety
"After concluding that AT&T's decision to conduct a pension risk transfer (PRT) was a settlor decision expressly permitted under ERISA, the court addressed whether the complaint sufficiently alleged a breach of the duty of loyalty. The court found that none of the
allegations ... plausibly alleged disloyal or conflicted conduct on the part of the defendants.... The Magistrate Judge's Report and Recommendation is over 90 pages long[.]" [Piercy v. AT&T Inc., No. 24-10608 (D. Mass. complaint filed Mar. 11,
2024; magistrate judge report Aug. 29, 2025)] MORE >>
Miller & Chevalier
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Stable Value Funds and the Perils of Fiduciary Oversight
"Stable value funds are supposed to be the 'safe harbor' in a defined contribution plan, the place where risk-averse participants can find steady returns. The plaintiffs here allege the GIBC fell short of that promise, claiming its returns lagged far behind what
comparable products offered at the same level of risk.... Fiduciaries must treat every investment option, whether it's an S&P 500 index fund or a stable value contract, with the same disciplined monitoring process." [Carter v. Sentara Healthcare Fiduciary Comm., No. 25-0016 (E.D. Va. amended complaint filed Aug. 18, 2025)] MORE >>
The Rosenbaum Law Firm P.C. via JD Supra
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ERISA Withdrawal Liability: Uncertainty Remains for Private Equity Entities' Status as 'Employers'
"Despite recent guidance, the status of private equity firms and their affiliates as 'employers' for purposes of withdrawal liability remains unsettled. Approaches adopted by courts vary, and the difference could result in exposure for significant withdrawal liability
incurred by a portfolio company. Private equity funds that acquire a controlling interest in a portfolio company with unionized operations should exercise particular caution[.]" MORE >>
Jackson Lewis P.C.
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Will DOL Write a New Fiduciary Rule on Rollover Advice?
"Daniel Aronowitz, President Donald Trump's pick to head the [DOL's] Employee Benefits Security Administration, ... has yet to be confirmed by the full Senate.... [Aronowitz] stated in early June in testimony before the Senate Health, Education, Labor and Pensions
Committee that among his goals as EBSA chief would be to 'strive to provide regulatory clarity to the fiduciary rule as applied to IRA rollovers.' " MORE >>
ThinkAdvisor
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Funding Status of U.S. Corporate Pension Plans, August 2025
"The aggregate funded ratio for U.S. corporate pension plans is estimated to have increased by 1.1 percentage points in August, ending the month at 102.2% ... The aggregate funded ratio is estimated to have increased by 4.4% and 0.9% year-to-date and over the trailing
twelve months, respectively." MORE >>
Wilshire Associates
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2025 Global Survey of Accounting Assumptions
"Throughout 2024, government bond yields increased for 33 of the 43 countries listed. Long term inflation assumptions generally declined or remained relatively stable over 2024.... For ASC 715 reporters, year-on-year changes in expected rates of return assumptions remained fairly
stable, ranging from -46 bps to +64 bps Among the 31 countries with funded plans included in the report, 16 showed an overfunded status in 2024." MORE >>
Willis Towers Watson
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Benefits in General |
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DOL Regulatory Agenda Includes New ESG, Fiduciary, and PBM Rules
"The DOL framed the agenda as 'a set of high-priority actions designed to reduce unnecessary burdens on employers and employees.' A release from DOL indicated that regulatory actions on ESG, independent contractors, and pharmacy benefit managers (PBM) would be of highest importance. A new proposal on independent contractors could be imminent, according to the agenda." MORE >>
American Retirement Association [ARA]
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Active vs. Passive Open Enrollment: Pros and Cons
"Most employers today opt for active enrollment, but the best option for your business depends on the specific characteristics of your organization and employee population. Here's a useful breakdown of the pros and cons to help your organization make the best decision to use
active or passive open enrollment." MORE >>
OneDigital
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
FICA Tax: Navigating the Nonqualified Deferred Compensation Special Timing Rule
"The scope of NQDC subject to FICA taxation is broad, including voluntary deferrals of salary, restricted stock units and performance stock units with deferral features, SERPs, and certain deferred bonuses. Understanding when FICA tax applies to NQDC, and how to take advantage of
FICA tax timing rules, can help employers avoid errors when administering their NQDC arrangements." MORE >>
Proskauer
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Employee Benefits Jobs
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Selected New Discussions |
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MEP 'Spinoff': Participating Employer No Longer Has Any Employees
"So, you have Plan A sponsored by Employer A. Employer B signs on as a participating employer, but not a CG/ASG and thus a MEP. Plan B winds down to one employee. Plan B is supposed to spin off, and then immediately terminate plan. Plan B employer never signs the paperwork to do
this, and in the meantime, the one employee terminates employment, and the distribution is processed by plan A, where the assets were held. The question is, does the spinoff still need to happen, and a first and final 5500 form be filed for Plan B? There are no assets to spinoff, and the temptation is strong to just ignore it, but it feels all wrong. Anyone ever encountered such a situation?"
BenefitsLink® Message Boards
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Reporting and Withholding for Pension Annuity Overpayment Due to Late Death Notification
"If erroneous pension annuity payments from a defined benefit plan (no beneficiary or joint and survivor annuity at issue) are made following a retiree's death due to late death notification and the plan administrator is unable to recoup from the estate, would a 1099-R be
issued to the estate (no information is available as to estate tax id)? Is there a way to adjust the withholding that was submitted on future deposits or obtain a refund of the withheld amount -- through a 945-X (although instructions state it's limited to clerical errors) or other means -- because no party had a legally binding right to the payments after death? This has to be a common scenario, yet I haven't found
guidance directly addressing the death overpayment situation (only guidance addressing overpayments to living retirees/participants)."
BenefitsLink® Message Boards
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No Further Delays in Mandatory Roth Catch-Ups, Right?
"I just cannot imagine that there will be any delays in mandatory Roth catch-ups, right? I mean ADP, PayChec, Paylocity, PayCor, Paycom collectively must have spent hundreds of millions. Recordkeepers made substantial investments. I just cannot imagine it would not cost tens of
millions more to delay. And then there is part about S20 being revenue neutral, paid for in large part by these mandatory Roth catch-ups. But here is an article from Willis Towers Watson saying it is possible.... I could see them saying 'any good faith effort will be treated as not a
failure even if something slips through the cracks.' But not put it on hold altogether."
BenefitsLink® Message Boards
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Press Releases |
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PSCA Unveils New Participant Education Campaign for 401(k) Day on September Fifth
PSCA [Plan Sponsor Council of America]
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Goldman Sachs and T. Rowe Price Announce Strategic Collaboration to Deliver Innovative Public-Private Investment Solutions
Goldman Sachs Asset Management
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Last Issue's Most Popular Items |
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Deadline for Roth Catch-Up Provision Remains -- So Far
American Retirement Association [ARA]
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PBGC Regulatory Agenda, Spring 2025
Pension Benefit Guaranty Corporation [PBGC]
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Fiduciary Considerations Highlighted as Recordkeeper Sued for Misusing 401(k) Participant Data
Holland & Hart LLP
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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