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Retirement Plans Newsletter
September 26, 2025
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[Guidance Overview]
Is Your Retirement Plan Ready for Mandatory Roth Catch-Up Contributions?
"[The IRS has] issued final guidance for plan administrators to implement and comply with the Roth catch-up contribution
requirement.... [1] Do we have to implement Roth catch-ups for 'high earners' by January 1, 2026? ... [2] Which plans must comply? ... [3] Who is a 'high earner'? ... [4] How can we implement this requirement? ... [5] What can we do if there's an error?" MORE >>
Smith Anderson
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[Guidance Overview]
Deadline Approaching for 457(b) Plans Maintained by Tax-Exempt Organizations
"If you have made any of the following changes in operation to your plan, an amendment is necessary by year end: [1] RMD age ... [2] Roth distributions ... [3] Small benefit amount ... [4] Unforeseeable emergencies." MORE >>
Bricker Graydon
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[Guidance Overview]
Cash Balance Contribution Limits 2025
"In this article, [the authors] break down Cash Balance plan contribution limits for 2025, explore the pros and cons of Cash Balance plans, and explore why businesses may want to combine Cash Balance plans with a traditional 401(k) to enable greater tax-deferred
savings." MORE >>
October Three Consulting
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New 401(k) Lawsuit Challenges Stable Value Fund
"The lawsuit alleges that plan fiduciaries breached their fiduciary duties of prudence and loyalty by selecting the Fidelity stable value fund ... and retaining it in the plan, even though it was significantly riskier and provided inferior returns than comparable
funds." [Hensley v. Molson Coors Beverage Co. USA LLC, No. 25-1371 (E.D. Wis. complaint filed Sep. 9, 2025)] MORE >>
Holland & Hart LLP
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Plan for a Smarter Retirement Plan
"Proactive plan sponsors are moving beyond surface-level analytics to embrace segmented insights, modern metrics, and employee feedback. This approach doesn't abandon traditional measures; rather, it enriches them with greater context and actionable
intelligence." MORE >>
CAPTRUST
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SEC Chief Atkins: Guardrails Needed on Alts in 401(k)s
"Atkins said that Labor and the SEC are in talks on how to move forward with Trump's executive order. 'Bad things can happen so we have to lay down some ground rules,' Atkins said at a Georgetown event. Town halls and roundtables are likely in the
offing." MORE >>
ThinkAdvisor
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Private Market Investments: Plan Sponsors Provide Perspective (PDF)
"Plan sponsors believe there is value to opening the door to offering these investments through professionally managed accounts for their participants in their defined contribution plans once regulatory guidance is provided. While they wait for this, they continue to engage
advisors and consultants to further educate and evaluate these options to be ready to help their participants continue their pursuit of long-term financial security." MORE >>
Empower
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Opportunities for Pension Plans with Surplus Assets
"The options for DB plans with excess assets in the U.S. vary, depending on whether the plan is ongoing or if it is being terminated.... [1] Does the company have the capacity to take on a big plan change like plan termination or plan reopening/redesign? [2] Is plan
hibernation attractive for the foreseeable future due to an effective risk management strategy, no current required contributions to the plan, pension income on the accounting side, etc? [3] What are the company's general goals?" MORE >>
Milliman
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The Top Retirement Savings Lessons from Gen Xers
"Gen Xers increasingly regret common financial misconceptions from their past, including the thought of having more time to save for retirement. These errors have cost them a median of nearly $100,000, increased stress and anxiety, and have reduced their sense of financial
security, they say. A few (13%) have reported losses of $500,000 or more." MORE >>
401(k) Specialist
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Retirement Plan Participation Over Time
"When a worker did have a retirement plan at a job, they were more likely to stay at that job compared with workers who did not have a plan.... Among workers who changed jobs from 1996-2022, an average of 43.8 percent moved from a job without a retirement plan to another job
without a retirement plan ... Most workers participated in a retirement plan at some point by 2022." MORE >>
Employee Benefit Research Institute [EBRI]
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Benefits in General |
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Defying Arbitration: ERISA's Fight to Stay in Court
"? While ERISA claims are indeed arbitrable as a general matter, a growing number of circuit courts have ruled that arbitration clauses cannot overreach and extinguish substantive remedies. Several plan sponsors have tried to add arbitration clauses that waive plan-wide remedies,
but courts have found them to constitute prospective waivers of participants' statutory rights, rendering them unenforceable under the 'effective vindication' doctrine." MORE >>
Cohen Milstein
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Selected New Discussions |
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Minimum Coverage Testing
"We have just taken over a 401(k) plan with a safe harbor match. The plan's eligibility has no age or service requirement. Union employees as well as part time employees as a class are excluded.. In previous years, the plan has failed the minimum coverage tests. Now, for
2025, the client wants to change the eligibility to 3 months and 250 hours of service beginning 10/01/2025. Anyone hired on or after that date would be subject to the new eligibility. They are looking for ways this late in the year to avoid failing the minimum coverage test for 2025. I don't think the above is feasible and would help. Any insights would be appreciated."
BenefitsLink® Message Boards
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Error with Compensation Definition - How to Fix?
"I am working with a company that has defined compensation as W-2 wages with 'sign on bonuses' as the only exclusion in their plan documents. In practice, the company has W-2 earnings from several sources that are not being considered for 401k deferrals &
match: - GTL imputed income (all employee have this)
- domestic partner imputed income
- moving reimbursements (reported on W-2)
- equity related W-2 income
- imputed income from taxable fringe benefits
- vehicle allowances
"For 2025 this will be considered a large plan and will require an audit for the first time. Curious to know if anyone has experienced this before and what's the best method for correction. The obvious first step is to update the plan design to exclude the items above, but wondering if the company is going to have to calculate missed earnings for each employee on each paycheck (along with other items) to make a voluntary
correction."
BenefitsLink® Message Boards
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Final Catch-Up Contribution Regulations for Government Plans (SECURE 2.0)
ON-DEMAND WEBINAR
NAGDCA [National Association of Government Defined Contribution Administrators]
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Navigating Market Uncertainty: Real-World Consulting Challenges in Retirement Plans
November 10, 2025 WEBINAR
American Society of Enrolled Actuaries [ASEA]
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Last Issue's Most Popular Items |
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IRS Finalizes Rules on Roth Catch-Up Mandate for High Earners
Mercer
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DOL Issues Lifetime Income Guidance for Default Investments
Groom Law Group
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IRS Finalizes New 401(k)/403(b) Catch-Up Contribution Regs
Nixon Peabody LLP
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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