"The recent Executive Order aims to reexamine existing regulatory frameworks that have, until now, constrained access to alternative investments within retirement plans. Proponents believe that, with proper safeguards and guidance, offering a broader spectrum of investment options can lead to improved long-term outcomes for retirement savers."  MORE >>

"[Executive Order 14330] initiates a 180-day review, but plan fiduciaries can begin preparing now by engaging ERISA counsel and investment consultants to understand the challenges associated with alternative assets, as well as developing a strategy on whether to offer those investment options.... If a committee determines that it is prudent to include alternative investments within the plan's investment lineup, the plan's investment policy statement may need to be amended to reflect this change."  MORE >>

"62% of retirement plan website and app users say security is more important than convenience regarding their overall digital experience. Moreover, account security is now one of the biggest drivers of overall customer satisfaction with retirement account digital tools, alongside core usability and design features such as visual appeal, navigation and speed."  MORE >>

24 pages. "Confidence is climbing -- up 23% over the last decade -- as savers grow surer of their retirement readiness. But when markets shake, so does sentiment....Today's savers are more optimistic than those who came before them -- at the same age and stage.... 38% of employers believe at least 60% of their employees are on track -- a record low and down from 55% in 2024."  MORE >>

"Firms that offer proprietary financial wellness programs are piloting AI-driven participant engagement tools like chatbots for tailored savings nudges, investment education, and real-time Q&A ... Nearly two-thirds (73%) of respondent firms point to a 'greater focus on fixed income diversification opportunities' ... The debate between stable value and money market funds has been reignited ... [N]early two-thirds (72%) of consultants and advisors identify fees as a top reason preventing implementation of alternative investments in DC plans. "  MORE >>

28 pages. "Retirement security issues involving gig workers are significant and complex, with limited data on which workers might be included in that term, what programs are accessible to them, and how effectively they are taking advantage of available retirement savings opportunities.... By adopting and refining portable benefit programs, states can offer tailored solutions that could ultimately lead to better retirement savings outcomes for gig workers. Successful state programs can serve as a model for others to follow."  MORE >>

"Under current tax law, plan sponsors have few options for utilizing surplus assets ... [T]wo new proposals ... may provide an alternative path forward.... The first proposal would permit companies to transfer excess assets from an overfunded DB plan into a DC plan, such as a 401(k), for the benefit of current employees. ... The second proposal ... recommend[s] that employers be allowed to redirect surplus assets from overfunded DB plans to help cover health care benefits for active employees."  MORE >>

"[The author opposes] creating a regulatory safe harbor that favors PEPs. Instead, [he urges] EBSA to create a safe harbor for small employers that adopt a cost-efficient single-employer 401(k) plan with an all-index fund core menu, no hidden fees, and flat per participant pricing. The RFI frames a potential safe harbor to encourage employer to join PEPs; [these] comments propose a better path for small businesses."  MORE >>

"[In] the Department's view, the mere fact that the terms of the program contemplate limited situations where an award could be paid after termination of employment does not implicate a deferral of income of the kind contemplated by ERISA section 3(2)(A). Thus, the Department has no reason to believe that the deferred incentive compensation program is an employee benefit pension plan under ERISA section 3(2)(A) as a result of such surrounding circumstances."  MORE >>

"The FTC Joint Labor Task Force on competition in the labor market is officially active ... [S]teps you can take now to ensure you stay compliant: [1] Don't abandon your restrictive covenants completely.... [2] Take stock of how you use noncompetes throughout the workforce.... [3] Reexamine the scope of your noncompetes.... [4] Don't forget about state law.... [5] Take advantage of other protections. "  MORE >>

"Plan administrators and counsel should review key issues with respect to employee benefit plans and executive compensation arrangements, confirm actions to be taken before the end of 2025, and focus on what to expect for 2026. [These checklists] address plan amendments, notices, and other considerations for qualified retirement plans, welfare plans, and stock-based and performance-based plans. [1] Plan Administrators of Plans Covered by ERISA; [2] Corporate Counsel; [3] Plan Administrators of Governmental and Church Plans; [4] General Counsel of Tax-Exempt and Governmental Entities."  MORE >>