"[This article summarizes] how the final regulations resolved key questions raised by the SECURE 2.0 catch-up contribution changes ... Given the complexity, coordination among employers and their counsel, recordkeepers, and payroll providers is essential."  MORE >>

"Notwithstanding intense pressure from sponsors and providers, IRS is not extending its temporary 'administrative transition period'  ... The final rules, however, generally apply to contributions in taxable years beginning after December 31, 2026. For 2026 (and prior years), a 'good faith interpretation standard' applies."  MORE >>

"The Third Circuit’s decision resolves critical questions regarding the treatment of tens of billions of dollars in SFA, and provides both employers and plans with some flexibility to deviate from ERISA’s default rules regarding withdrawal liability." [In re Yellow Corp., No. 25-1421 (3d Cir. Sep. 16, 2025)]   MORE >>

"This decision ... is arguably the first time a district court applied the 'investment plus' and 'partnership-in-fact' tests for determining potential withdrawal liability in the private equity context since the First Circuit issued its rulings in Sun Capital ... in 2013 and 2019." [Longroad Asset Management LLC v. Boilermaker-Blacksmith National Pension Trust, No. 23-0738 (W.D. Mo. Aug. 19, 2025)]  MORE >>

"The state of a seller's 401(k) plan can reveal much about the organization's operations and potential hidden liabilities.... Whether the deal is structured as a stock or asset purchase significantly shapes retirement plan strategy.... Payroll integration is often a decisive factor in plan strategy.  ... Outstanding participant loans also require close attention."  MORE >>

"According to the DOL, per-participant costs in the three largest PEPs ranged from 0.23% to 0.42% in 2023, compared with Morningstar's data showing the median cost in small stand-alone plans at 0.84%.... PEP adoption by small businesses has yet to become widespread.... Employers seeking flexibility in match formulas, auto-features, or financial wellness programs may find many PEPs too rigid."  MORE >>

"The newly confirmed Assistant Secretary of Labor and head of the Employee Benefits Security Administration has pledged to streamline retirement plan oversight and end the ‘war on ESOPs.’... During his confirmation hearing, he stressed that he intends to make clear that fiduciaries, not the DOL or plaintiffs’ lawyers, should decide what is best for retirement plan participants."  MORE >>

"The decision reaffirms that: [1] Reconsideration is an extraordinary remedy, not a vehicle to reargue issues already decided. [2] District courts maintain discretion to allow discovery in ERISA cases, particularly where issues of bias or fairness may be explored. [3] Insurers opposing discovery must identify specific burdens or improper requests; generalized objections are inadequate." [Gaines v. United of Omaha Life Ins. Co., No. 25-0167 (N.D. Ind. Sept. 18, 2025)]  MORE >>

"Affirming a district court decision, the appeals court ruled on summary judgment that a plan amendment to cash out participants on plan termination 'adversely affected' the life annuities of some participants, and was therefore unlawful under the plans and ERISA." [Hoak v. Ledford, No. 24-12148 (11th Cir. Aug. 26, 2025)]  MORE >>