"These Final Regulations provide comprehensive guidance for retirement plan sponsors and administrators, clarifying operational requirements and correction methods for contributions subject to the Roth Catch-Up Requirement, as well as the enhanced super catch-up contribution limits. [This article provides] answers to some of those lingering questions and significant changes in the Final Regulations[.]"  MORE >>

"[T]his essay focuses on the statutory requirements of the newly permissible 401(k) domestic abuse victim distributions. It then proffers how employers can help employees who are in abusive situations through employee benefits like their 401(k) plans."  MORE >>

"Although the mandatory deadline to adopt required amendments to qualified retirement plans remains December 31, 2026 for most plans, plan sponsors will find that amending plans to reflect any required or selected optional provisions when those provisions become effective can help avoid errors in administration, as well as help communicate those changes to plan participants and beneficiaries. Some of the provisions in recent pension legislation will require support from the plan's recordkeeper or third-party administrator, and coordination will likely be necessary before implementing any plan design changes."  MORE >>

"States differ in their treatment of 529-to-Roth IRA rollovers.... Most states with state income taxes have said they will follow federal law.... 7 states (and the District of Columbia) have indicated that 529 savers may be subject to state income tax 'recapture' if 529 funds are transferred to Roth IRAs.... California stands alone.Its residents who do a 529-to-IRA rollover will be subject to both state income tax and an additional 2.5% California tax on earnings."  MORE >>

"The court found that the plaintiff's fiduciary-duty claim merely duplicated her claim for benefits and was therefore barred, reinforcing that ERISA Section 502(a)(3) cannot be used to recover the same monetary relief available under Section 502(a)(1)(B), and highlights the limits of 'equitable surcharge' theories following CIGNA v. Amara." [Carr v. Jefferson Defined Benefit Plan, No. 24-2574(3d Cir. Oct. 10, 2025; unpub.)]   MORE >>

"The decision affirms the district court's judgment and clarifies that ERISA's statutory payment formula must be applied as written -- even if it arguably produces inequitable results or a 'double recovery' for the plan." [Supervalu, Inc. v. United Food and Commercial Workers Unions and Employers Midwest Pension Fund, No. 24-2486 (7th Cir. Oct. 9, 2025)]  MORE >>

"This decision confirms that the government may authorize reductions in multiemployer pension benefits under ERISA in response to plan insolvency risks, without triggering takings liability." [King v. U.S., No. 23-1956 (Fed. Cir. Aug. 18, 2025)]   MORE >>

"There is a concern among plan service providers that [the Cornell] decision will make it easier for plaintiffs to assert prohibited transaction claims and that it will lead to an increase in lawsuits against plan sponsors and their fiduciaries (such as plan committee members). However, there are steps that plan sponsors and other fiduciaries, and service providers, can take to address this risk."  MORE >>

"[T]he Retire through Ownership Act (S 2403), could make it easier for companies to avoid legal challenges to the valuation of shares the ESOP acquires.... [T]he Employee Ownership Representation Act of 2025 (S 1728), would add ESOP representatives to the ERISA Advisory Council.... Both bills will now move to the House."  MORE >>

"Copying and pasting meeting minutes. Vague investment policies. Lack of prudent process around plan fees. Unclear protocols regarding the use of forfeited funds. These are all examples of sloppy retirement plan management practices that ERISA lawsuits have successfully used to make the case against plan sponsors. [Here are] pointers on leveraging lessons from litigation to ward off trouble -- and become an ever better fiduciary."  MORE >>

"Just 30% say they expect their plans to offer these alternatives in the next five years.... In too many cases, people with workplace 401(k) accounts act as their own advisers. They're given a list of funds to choose from ... [In] too many instances, savers aren't optimizing their portfolios over time and don't realize they could have accumulated much more money than they have."  MORE >>

"Lawyers representing patients in a lawsuit against United Behavioral Health for insufficient mental health and substance abuse treatment coverage may face a tentative $50,000 sanction for disclosing confidential information to the [DOL].... The court ruled that the lawyers violated [a] protective order by engaging in a collective interest agreement, through which it transmitted documents to the DOL." [L.D. v. United Behavioral Health, No. 20-2254 (N.D. Calif. Oct. 7, 2025)]  MORE >>