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Retirement Plans Newsletter
September 23, 2025
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💼 New Job Opportunity Today
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[Official Guidance]
Text of DOL Advisory Opinion 2025-04A: Proposed Lifetime Income Strategy Program Meets Requirements to Be QDIA
"With regard to whether investment management services, described in paragraph (e)(4)(iii) of the QDIA regulation, may incorporate lifetime income products and features in compliance with the
regulation, it is the view of the Department that such investment alternatives can be QDIAs provided they satisfy the transferability requirements and other provisions of the regulation.... [T]he LIS program would not fail to be a QDIA solely because it is offered through a variable annuity contract with a GLWB component ... [It] is the view of the Department that the LIS program, if operating as [described], would satisfy the
requirements to be a QDIA as described in paragraph (e) of the QDIA regulation." MORE >>
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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[Sponsor]
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[Official Guidance]
Text of PBGC Interest Assumptions for Valuing Benefits in Single-Employer Plans, Fourth Quarter 2025
"This rule amends the regulation to specify the spreads used to determine the 4044 yield curve as of the last days of October, November, and December of 2025 (i.e., the 'fourth quarter 2025 spreads'). " MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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[Guidance Overview]
January 1 Plan Mergers and the One-Day Audit Controversy
"[A] January 1 merger date causes a logistically inconvenient and impractical one-day plan year for the merged plan.... [T]he correct course of action is to complete a one-day final Form 5500 and audit report.... [T]he DOL's main concern is that the transfer of
participant account balances from plan to plan be subject to audit procedures. To EBSA, an independent verification of the transfer is the most important practical consideration " MORE >>
Belfint Lyons Shuman
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[Guidance Overview]
Roth Catch-Up Under SECURE 2.0: What Plan Sponsors Need to Know
"Plan sponsors should begin preparing now to ensure smooth compliance with the 2026 effective date. The most important steps include: [1] Identifying HPIs based on FICA wages, [2] Confirming that plan documents include Roth provisions and In-Plan Roth Rollover/Transfer
options, and [3] Coordinating with payroll providers to ensure proper classification and reporting." MORE >>
Clark Schaefer Hackett
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[Guidance Overview]
IRS Releases Final Regs on Roth Catch-Up Contributions
"[S]ponsors should communicate these regulatory changes to participants well in advance, enabling employees to adjust their contribution elections and maintain compliance.... For certain employees, catch-up contributions will transition from pre-tax to Roth, making it essential
to understand the mechanics of Roth contributions and their impact on annual tax planning." MORE >>
OneDigital
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[Guidance Overview]
Final Catch-Up Contribution Rule Provides Some Relief
"The final rule extends the time the plan has to correct the Roth violation to the end of the taxable year following the taxable year of the mistake or the plan year following the plan year of the mistake depending on the nature of the mistake. However, correction for the purpose
of the Roth requirement does not eliminate other consequences, such as the 10 percent excise tax if ADP failures are not corrected by their earlier deadline." MORE >>
Segal
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District Court Rejects DOL's $440K ERISA Deal With CSX
"A Florida federal judge rejected a proposed $440,000 settlement between CSX Transportation Inc. and the U.S. [DOL] to end a
lawsuit alleging the railroad operator unlawfully deducted fees from employee retirement funds, saying the deal contains an 'obey the law' provision that conflicts with Eleventh Circuit precedent." [Chavez-Deremer v. CSX Transportation Inc., No. 22-0849
(M.D. Fla. Sep. 19, 2025)] MORE >>
Law360; subscription required
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Economic Volatility Undermines Second Quarter U.S. Pension Risk Transfer Sales
"Total U.S. pension risk transfer (PRT) new premium fell 64% in the second quarter of 2025 to $4.1 billion ... There were 138 contracts sold in the second quarter, down 30% from the prior year. In the first half of 2025, PRT carriers sold 252 contracts, 24% below the
contracts sold in the first six months of 2024." MORE >>
LIMRA
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Public Sector Workers Not Covered by Social Security: Implications for Their Retirement Security (PDF)
"Public sector entities seeking exemption from Social Security must demonstrate that they comply with the requirement that they sponsor a pension plan whose benefits are 'comparable' to Social Security. The most common method of demonstrating compliance is to show that
the plan benefits are equal to or greater than a safe harbor that was established in 1991. But does the safe harbor truly ensure that benefits are comparable?" MORE >>
American Academy of Actuaries
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Social Security Claiming Reform Moves Past House Committee
"[The Claiming Age Clarity Act (HR 5284)]
seeks to provide clarity on when seniors can claim benefits for Social Security and modernize the terminology associated with it. It also hopes to deter future beneficiaries from claiming at an earlier age so individuals can maximize on their benefits." MORE >>
401(k) Specialist
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Benefits in General |
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[Official Guidance]
Text of IRS Notice 2025-54: 2025-2026 Special Per Diem Rates (PDF)
"This annual notice provides the 2024-2025 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home, specifically [1] the special transportation industry meal and incidental
expenses (M&IE) rates, [2] the rate for the incidental expenses only deduction, and [3] the rates and list of high-cost localities for purposes of the high-low substantiation method." MORE >>
Internal Revenue Service [IRS]
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When an Employee Is Dismissed: A Resource Guide for HR and Benefits Professionals
"The departure of an employee, regardless of the reason, sets off a chain of events affecting wages, bonuses, equity awards, retirement benefits, health coverage, and other company-sponsored programs. The manner in which each of these benefits is handled will depend on the
termination circumstances, the precise language of the governing documents, and the applicable legal requirements. Mistakes can be costly ... so it is essential to approach each dismissal situation with care and consistency." MORE >>
Foley & Lardner LLP
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Employee Benefits Jobs
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Selected New Discussions |
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Nonqualified Deferred Compensation Plan with Expiration Date
"If an employer adopts a NQDC Plan with a built in expiration date in the plan document, does the employer have to wait 36 months after the plan expires to adopt a new plan? Or can it do so immediately upon expiration of the old plan?"
BenefitsLink® Message Boards
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Does the Proposed Rule About Qualified Tips Change How to Count an Employee's Compensation?
"The Treasury department’s notice of proposed rulemaking about qualified tips is scheduled to be
published Monday, September 22. ... For my law practice, this is only an academic curiosity. Does anything in this proposed rule change how a retirement plan’s administrator counts an employee’s compensation?"
BenefitsLink® Message Boards
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Press Releases |
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BCG Expands Pension Risk Consulting Expertise with Addition of Industry Veterans Sablak and Mossing
BCG Pension Risk Consultants
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Human Interest Sets a New Industry Standard with Automated 401(k) Audits
Human Interest
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Four Kantor & Kantor Attorneys Honored in The Best Lawyers in America® 2026 Edition
Kantor & Kantor LLP
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Last Issue's Most Popular Items |
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Clarifying the Effective Date for Roth Catch-Up Contributions
Trucker Huss
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Final IRS Regs Address Catch-Up Contributions Under SECURE 2.0
Reinhart Boerner Van Deuren s.c.
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Using the Actuarial Approach to Avoid Financial Traps in Retirement
Ken Steiner, FSA Retired
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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