"[T]he final regulations confirm that the super catch-up is not mandatory.... [1] Wage threshold ... [2] Availability ... [3] No requirement to include Roth feature ... [4] Roth contributions made prior to reaching catch-up limit ... [5] Deemed elections ... [6] Correction Methods."  MORE >>

"The final regulations specifically state in the Preamble that they do not extend or modify the administrative transition period.... [U]nder the Applicability date section, the regulations state, '[T]his section applies to contributions in taxable years beginning after December 31, 2026. For prior taxable years, a reasonable, good faith interpretation standard applies' ... [T]he administrative transition period ends on December 31, 2025."  MORE >>

"[T]he Information Letter only discussed the inclusion of private equity in asset allocation funds in 401(k) plans. The DOL’s letter explicitly said that it was not talking about standalone private equity investments. Second, the conclusion said, in effect, that ERISA does not prohibit any investment; instead, it places the burden on fiduciaries to determine if they are prudent for retirement investing by the covered workers."  MORE >>

"[T]he Ninth Circuit Court of Appeals addressed whether a bankrupt employer could assume and assign a settlement agreement that significantly reduced its withdrawal liability to an ERISA-governed pension plan. The court ultimately held that the agreement constituted a 'financial accommodation' under the Bankruptcy Code and therefore could not be assumed or assigned in bankruptcy." [In re Svenhard's Swedish Bakery, No. 23-60045 (9th Cir. Sept. 12, 2025)]  MORE >>

"The district court had found the term 'hours paid' in the CBAs ambiguous and, after reviewing extrinsic evidence, concluded that overtime hours should be credited at a premium rate for contribution purposes. On appeal, however, the Third Circuit held that the agreements unambiguously tied contributions to actual compensated hours, not to the higher wage rates paid for overtime, and reversed the lower court's ruling." [Board of Trustees Plumbers and Pipefitters Local Union No 74 Pension Fund, et al. v. Jones Lang Lasalle Americas Inc., No. 23-2202 (3d Cir. Sept. 19, 2025; unpub.)]  MORE >>

"[T]he plaintiffs alleged that 100% of GWA LLC 401(k) Profit Sharing Plan investments (all of which were 401(k) assets) were and continued to be invested in The Weiss Funds ... Plaintiffs further claimed that the Weiss Mutual Fund lacked the performance history, market acceptance, and cost structure to be a substantial investment for the 401(k) plan." [Andrews-Berry v. George A Weiss, No. 23-0978 (D. Conn. settlement approved Sep. 19, 2025)]  MORE >>

"[C]onsultants and advisors anticipate that target date solutions -- custom or off-the-shelf -- will be the primary vehicle for implementation. Respondents ... also expect little support for offering alternative investment strategies as stand-alone options in a plan.... [F]ees were identified by nearly three-quarters (72%) of respondents as a top reason preventing implementation of alternative investments in DC plans[.]"  MORE >>

"Plan sponsors have a critical opportunity to support late-career workers' retirement planning efforts by providing relevant tools and communication strategies that help them make more informed choices during these critical years. [1] Promote 'super catch-ups.' ... [2] Turn attention to income.... [3] Support phased retirement.... [4] Support financial wellness for 60-somethings.... [5] Educate on Social Security timing.... [6] Prepare for Roth catch-up rules affecting older, higher earners."  MORE >>

"[The authors] summarize and briefly discuss the eleven financial traps (or risks) set forth in [a recent article] and how almost all these risks are relatively easily addressed by applying the Actuarial Approach."  MORE >>