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Retirement Plans Newsletter

September 11, 2025

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[Guidance Overview]

Puerto Rico Amends Tax Rules that Impact Certain Distributions from Retirement Plans Qualified under the PR Code

"Although the original intention was to cap taxation of lump sum distributions at either the 20% or 10% tax rate as the case may be, the PR Code included both lump distributions within the computation of the [Alternative Basic Tax (ABT)] ... Pursuant to Act 65-2025, for tax years commencing after December 31, 2024, lump sum distributions from retirement plans that qualify for the preferential tax rate of 10% are exempt from the ABT."  MORE >>

McConnell Valdés

[Sponsor]

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[Guidance Overview]

Puerto Rico Treasury Issues Rules to Retirement Plan Sponsors That Adopted Amendments in Compliance with the SECURE 2.0 Act

"The recently issued AD 25-03 ... now provides that amendments adopted by sponsors of Puerto Rico qualified retirement plans to incorporate optional or mandatory SECURE 2.0 Act provisions ... are not considered 'Qualification Amendments'. Therefore, if a retirement plan is amended to adopt mandatory or optional amendments of the SECURE 2.0 Act, the retirement plan does not have to request a new determination letter to the PRTD."  MORE >>

McConnell Valdés

[Guidance Overview]

SECURE 2.0: Key Provisions and Implementation Challenges for Defined Contribution Plans

"As we progress through 2025, plan sponsors, payroll providers, and administrators face new operational and compliance challenges. This article outlines key provisions and offers insights into navigating their implementation effectively for defined contribution plans."  MORE >>

Withum Smith+Brown, PC

Frozen Pensions Are Sitting on Billions; Sponsors Want Access

"As the average pension plan has crept into overfunded territory ... sponsors [are] taking three approaches: holding the surplus as a buffer, funding partial lift-outs or a full termination, or spending it after shifting other benefits into the defined benefit plan. The scale of the surplus is significant: WTW estimates that of the 100 largest U.S. corporate DB plans by obligations, 45 percent are overfunded. Of those, half are funded at more than 110 percent, representing an excess of $63 billion."  MORE >>

Institutional Investor

Why Hybrid Retirement Plans like VAPPs Are Appealing

"[Variable Annuity Pension Plans (VAPPs)] accrue benefits based on a specified accrual rate (e.g., percent of salary, flat dollar amount, percent of contributions) and provide determinable benefits that guarantee monthly payments for the lifetimes of participants. What differentiates a VAPP from a traditional DB plan is the way annual accruals are adjusted each year based on how the plan's assets perform compared to a pre-defined benchmark return (referred to as the hurdle rate)."  MORE >>

Segal

Nearly Half of Gen Zers Have Withdrawn Funds from Retirement Savings

"46% of Gen Zers say they've taken money out of their retirement savings, while 31% of Millennials have dipped into their accounts. Thirty-eight percent of all employees surveyed also report tapping from their retirement funds at some point ... Gen Zers were the top age group to withdraw funds to cover unexpected costs like car and home repairs (37%), while many have paid off debt with the savings (42%). By comparison, only 6% of Millennials, 17% of Gen X, and 0% of Baby Boomers have cited debt repayment as their reason for withdrawing."  MORE >>

401(k) Specialist

Benefits in General

[Guidance Overview]

DOL Affirms Morgan Stanley's Right To Withhold Deferred Comp From Departing Advisors

"The DOL's opinion, which was requested by Morgan Stanley outside counsel, comes on the heels of a string of arbitration victories for the firm in disputes over deferred compensation. Over the past two years, it has successfully defended at least five consecutive challenges, saving millions of dollars and further solidifying its stance that its plans are lawful and enforceable."  MORE >>

Financial Advisor

[Guidance Overview]

Preparing for DOL Cybersecurity Audits

"Plan sponsors can take the following steps ... [1] Review service provider agreements.... [2] Audit cybersecurity program documents.... [3] Conduct cybersecurity training.... [4] Evaluate cybersecurity insurance policies.... [5] Review cybersecurity capabilities in the RFP process."  MORE >>

Groom Law Group

Executive Compensation and Nonqualified Plans

[Guidance Overview]

ISO Tax Strategies

"While it's a good idea to have a plan for any equity awards, tax planning is especially crucial for incentive stock options (ISOs). The special tax treatment that ISOs offer under the tax code is offset by the tradeoff of risk and more complicated taxation."  MORE >>

myStockOptions.com

Employee Benefits Jobs

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Regional Vice President, Retirement Sales (South Texas Territory)

Ascensus

Remote / TX

View job as Regional Vice President, Retirement Sales (South Texas Territory) for Ascensus

Press Releases

Voya Financial Joins the Workday Wellness Partner Program to Enhance Employee Wellness Through AI -Powered Benefits

Voya Financial

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

SECURE 2.0 Roth Catch-up Best Practices

ON-DEMAND WEBINAR

Nova 401(k) Associates

Expanding Access to Alternative Investments in ERISA Plans: Litigation Risks and Practical Considerations

PODCAST

Ropes & Gray

IRA Distributions

October 14, 2025 WEBINAR

Ascensus

Cross-Tested Plan Workshop: testing, design and troubleshooting

November 12, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Last Issue's Most Popular Items

Text of DOL Advisory Opinion 2025-03A: Applicability of ERISA to Morgan Stanley Deferred Incentive Compensation Program

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

2025 Annual Employee Benefits Compliance Checklists

Williams Mullen

Executive Order to Broaden Access to Alternative Investments in 401(k) Plans (PDF)

Fox Rothschild LLP, in LexisNexis Practical Guidance

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

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