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Retirement Plans Newsletter

September 8, 2025

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[Guidance Overview]

Hurricane Season: Time for a Hardship Distribution Refresher

"[One] way that an employer can prepare for a disaster is to provide for hardship distributions to plan participants from their retirement accounts. An employer that has put them in place would do well to refresh its memory regarding how they work and the rules and regulations governing them."  MORE >>

American Retirement Association [ARA]

401(k) Investment Options Just Got More Complicated: What to Know

"Private equity and real estate ... can offer access to private deals and growth opportunities not found in typical mutual funds. Annuities ... are marketed as a way to guarantee income in retirement ... However, these offerings are much harder to evaluate and even harder to escape. That makes them risky for the average saver who doesn't have a team of analysts at their side.... The strongest push is coming from the companies that stand to profit, such as insurance firms, recordkeepers and investment managers."  MORE >>

Kiplinger

Early Retirement: A Financial Reality Check for Generation X

"69% of Gen Xers view retiring before age 65 as a key part of the American Dream. However, 40% admit they are not financially prepared to make that dream a reality. This disconnect between aspiration and readiness raises questions about how Gen X can close the gap, and whether early retirement is still within reach."  MORE >>

Savant

Many in 'Sandwich Generation' Scale Back on Retirement Saving

"One in four Americans (25%) have a child under 18 and a living parent and are part of the 'sandwich generation' with the dual responsibility to care for their own children and aging parents [including nearly] half of Millennials (46%) and 18% of Gen Xers ... More than half of all Americans in the sandwich generation (59%) say they have reduced or stopped contributing to their retirement savings account due to having to financially support both their children and parents."  MORE >>

401(k) Specialist

Delaying a Pension Risk Transfer: Opportunities and Risks

"There may be some reasons for a plan sponsor delaying a PRT ... [S]ome risks have to be taken into account: [1] Accounting discount rates could decrease, which typically raises your plan's liability on your books. [2] There could be less competition ... [3] Timing uncertainties exist, as many PRT deals take several months to complete. [4] There's a potential for funded status volatility, depending on your investment returns relative to annuity purchase rates."  MORE >>

Milliman

Pension Finance Update, August 2025

"Pensions gained modest ground for the fifth consecutive month in August due to higher stock markets. Both model plans ... gained ground last month: traditional Plan A gained more than 1%, ending the month up 5% for the year, while the more conservative Plan B gained a fraction of 1% last month, ending the month up 1% through the first eight months of 2025."  MORE >>

October Three Consulting

New ESOP Valuation Rules Planned by DOL

"The new regulatory agenda for the [DOL] indicates that new regulations for ESOP valuations could come as soon as January 2026. The regulations were required by Section 346 of the SECURE 2.0 Act of 2022."  MORE >>

National Center for Employee Ownership [NCEO]

Private Equity Ownership in the RIA Space: 2025 Trends

"PE-backed RIA count rose 16% year-over-year, from 255 firms in July 2024 to 295 in July 2025.... Total AUM controlled by PE-owned RIAs climbed 14% to nearly $6.0 trillion, representing 22.96% of all $100M+ RIA assets."  MORE >>

AdvizorPro

Benefits in General

[Guidance Overview]

Citing Legal Challenges, DOL to Overturn Biden-Era Independent Contractor Rule

"Citing to five separate legal challenges to the [2024 Rule] and its intention to 'reduce unnecessary burdens on employers and employees,' the Trump DOL aims to retool its independent contractor rule. This announcement ... comes on [the] heels of the Trump DOL announcing on May 1, 2025 that it would no longer enforce the 2024 IC Rule."  MORE >>

Littler

FTC Abandons Non-Compete Rule and Simultaneously Initiates Targeted FTC Noncompete Enforcement Action

"On September 4, 2025, the US Federal Trade Commission filed an enforcement action and simultaneous proposed settlement ... [T]he day after filing the enforcement action, the FTC voluntarily dismissed its appeal of the court rulings prohibiting the FTC from enforcing its Non-Compete Rule, which attempted to ban all employer-employee non-competes. The enforcement action signals continued focus on non-competes even though the ban is no longer on the table."  MORE >>

White & Case LLP

Selected New Discussions

Reducing Owners' Contribution to Cash Balance Plan

"Client has hit some hard times, but wants to continue to benefit the employees (at least for now). They reduced the contribution to the owners in 2023, but now need to reduce their contributions again. Generally I know you can't change the benefit annually. However, if the employees stay the same and it's just the owners who are taking a reduction (possibly as low as $0), would that be viewed as acceptable? I don't see an issue, since it's only the HCE who are being negatively impacted."

BenefitsLinkĀ® Message Boards

Press Releases

WealthManagement.com Names OneDigital’s Vince Morris 2025 Corporate Retirement Leader of the Year

OneDigital

Cohen & Buckmann Names New Practice Area Chairs: Carol Buckmann and Gretchen Harders

Cohen & Buckmann P.C.

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

Abandoned Plans: Risks and Remedies

September 9, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Improving Public DC Plan Outcomes: Fiduciary Oversight and Cost Control

September 16, 2025 WEBINAR

Multnomah Group

IRA Withholding Rules - And Getting them Right

October 23, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

DOL Regulatory Agenda Includes New ESG, Fiduciary, and PBM Rules

American Retirement Association [ARA]

The Retirement Savings Contribution Credit and the Saver's Match

Congressional Research Service [CRS]

FICA Tax: Navigating the Nonqualified Deferred Compensation Special Timing Rule

Proskauer

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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.

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