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Retirement Plans Newsletter
October 1, 2025
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💼 New Job Opportunity Today
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[Official Guidance]
Draft of Instructions for IRS Form 8915-F: Qualified Disaster Retirement Plan Distributions and Repayments (PDF)
73 pages. Rev. Dec. 2025; pub. Sep. 30, 2025. "What's New ... [1] Beginning in 2025, IRA references in these instructions follow a revised naming convention.... [2] Form 8915-F includes a new line 5a. This line directs taxpayers to add the
amounts from column (a) of lines 2, 3, and 4, and enter on line 5a the portion of that sum not attributable to qualified disaster distributions." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
IRS Elects to Contribute Complex Final Regs on Super and Roth Catch-Ups
"If a plan sponsor chooses to apply a deemed Roth catch-up election when the participant's combined Roth and pre-tax contributions reach the Code section 402(g) limit, and the participant affirmatively elects pre-tax catch-up ... the plan sponsor will need to
develop a process through which the earlier Roth contributions are taken into account in making any correction with respect to the pre-tax catch-up amounts." MORE >>
Eversheds Sutherland
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[Guidance Overview]
Required Roth Catch-Up Goes Live in 2026
"FICA wages: to aggregate or not to aggregate? ... Roth elections: to deem or not to deem? ... Applicability dates: can we say it more clearly? ... The final regulations include several changes that reflect issues raised by commenters and provide for additional
flexibility in implementing and correcting the Roth catch-up requirement. " MORE >>
Thompson Hine
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[Guidance Overview]
DOL Issues Advisory Opinion on Lifetime Income QDIA
"While noting that AB, as a 3(38) investment manager/fiduciary, will be 'responsible for the prudent management of the defined contribution plan's assets and selection of the insurers,' sponsor fiduciaries must nevertheless 'prudently select AB … and
appropriately monitor the selection at reasonable intervals to assure the prudence of maintaining the appointment.' ... [T]hese are complicated arrangements (with relatively high fees); and sponsor fiduciaries have a duty prudence with respect to the selection and monitoring of the appointment of a 3(38) fiduciary." MORE >>
October Three Consulting
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[Guidance Overview]
One Way to Lose IRA Bankruptcy Protection
"[In] most cases, no IRA funds will need to be turned over to creditors if you file for bankruptcy. However, there is one important exception to that rule. If your IRA loses its tax-exempt status, bankruptcy protection for that IRA disappears. When would this happen? The
most common way is when a person in bankruptcy commits a 'prohibited transaction' with his IRA dollars." MORE >>
Slott Report
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[Sponsor]
Turning Plan Document Review into Actionable Insights
PlanPort revolutionizes how advisors, recordkeepers, and TPAs use retirement plan documents across their business operations –- delivering efficiency, accuracy, review, and automation like never before. Now supporting 403(b) and 457(b) plans!
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What to Know When Changing Retirement Plan Providers
"An increasing number of plans appear to be moving from their existing third party administrator (TPA) or bundled providers ... What should a plan sponsor do if it, too, finds the allure of another provider irresistible? And what should a service provider that is taking over be
aware of?" MORE >>
Plan Sponsor Council of America [PSCA]
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Liquidation Basis of Accounting in Pension Plan Termination
"Use of the liquidation basis is required once liquidation is imminent. In the case of plan termination, liquidation is imminent once an authorized party has approved the termination.... Any administrative costs incurred to close out the plan will need to be accrued in the
financial statements even if the costs are not paid until the subsequent year.... [E]ntities should proactively prepare for the transition to liquidation accounting as soon as liquidation becomes imminent." MORE >>
Schneider Downs
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[Opinion]
Pension Rights Center Comment Letter to EBSA on Pooled Employer Plans (PDF)
"We do not believe that the Department should, at this time, create new class exemptions that apply exclusively to PEPs.... We do not believe the Department should be creating safe harbors for PPPs and PEPs.... The disclosures provided to PEP participants should include all
disclosures made in other ERISA plans." MORE >>
Pension Rights Center [PRC]
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[Opinion]
ARA Comment Letter to EBSA on Pooled Employer Plans (PDF)
"ARA recommends that the Department: [1] Issue a model disclosure or rubric that an employer could use to compare diverse plan solutions. [2] Consider a [PTE] that would allow PPPs to hire closely affiliated partners and related 3(38) investment
managers ... [3] Apply any safe harbor developed regarding the selection and monitoring of a service provider not just to PEPs, or the selection of a PPP, but to all retirement plan service providers. [4] Provide guidance to facilitate growth and innovation of PEP in the areas of sponsorship eligibility, the standard for selection of PEP service providers, liability for the correction of plan errors
(including a potential safe harbor), responsibility and authority for unresponsive employers, and bonding of employers." MORE >>
American Retirement Association [ARA]
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Benefits in General |
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[Guidance Overview]
IRS 2025-2026 Priority Guidance Plan (PDF)
19 pages; includes [1] One, Big, Beautiful Bill Act implementation; [2] Deregulation and burden reduction; [3] Digital assets; and [4] SECURE 2.0 Act and other guidance. MORE >>
Internal Revenue Service [IRS]
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2025 Workplace Benefits Report: Shining a Light on Employee Wellness in Uncertain Times (PDF)
30 pages. "While employees want help with their broader financial goals, some employers remain focused on traditional benefits alone -- like retirement plans and health insurance. Financial wellness programs, equity awards, debt assistance, caregiver support and encouraging
work/life balance can retain employee loyalty and attract top talent." MORE >>
Bank of America Merrill Lynch
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[Opinion]
The Supreme Court Prohibits ERISA
"The [Cunningham v. Cornell] ruling is badly mistaken. Because the definition of 'party in interest' includes every plan fiduciary, the Court's decision allows lawsuits for all transactions involving a plan's receipt of services, even the services
mandated by ERISA. On the Court's reading of the statute, ERISA both requires that fiduciaries perform specific acts and simultaneously prohibits fiduciaries from performing those same acts." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17,
2025)] MORE >>
Michael Doran in Labor Law Journal, via SSRN
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Executive Compensation and Nonqualified Plans |
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Taming Your Emotions in Financial Planning for Equity Comp
"[1] Seeking a 'Scenario of Least Regret' To manage emotions In financial planning ... [2] Dealing with FOMO (Fear Of Missing Out) ... [3] Reframing overconfidence by considering what you have to lose ... [4] Overcoming inertia ...
[5] Using a 'legacy anchor position' to provide psychological safety." MORE >>
Bruce Brumberg in Forbes
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Employee Benefits Jobs
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Press Releases |
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Champion Health CLO Emily Langdon Selected for The Best Lawyers in America(R) in ERISA Law
Champion Health, Inc.
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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IRA Transfers and Rollovers
November 13, 2025 WEBINAR
Ascensus
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Last Issue's Most Popular Items |
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IRS Final Regs on Catch-Up Contributions: What Plan Sponsors Should Know
McGuireWoods
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Key Questions (And Answers) on New Roth Catch-Up Contribution Regs
American Retirement Association [ARA]
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Text of DOL Plan for the Continuation of Limited Activities During a Lapse in Appropriations (PDF)
U.S. Department of Labor [DOL]
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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