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Retirement Plans Newsletter

October 17, 2025

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💼  2 New Job Opportunities

 

[Guidance Overview]

Exceptional Usefulness and Quality icon Final Catch-up Regulations, Finally

"The Final Regs are effective as of tax years beginning after December 31, 2026, which means that plans and taxpayers need to exercise 'good faith' compliance in the meantime.... [This article discusses] issues that ... are still outstanding.... [1] Final rules regarding the 60-63 limit ... [2] Final rules regarding Roth catch-up ... [3] Who's the employer? ... [4] 403(b) plans ... [5] Puerto Rican plans."  MORE >>

Ferenczy Benefits Law Center

[Guidance Overview]

Tax-Exempt 457(b) Plan Sponsors Face Year-End Amendment Deadline

"[S]ponsors of tax-exempt 457(b) plans now face a short timeframe to implement amendments, such as the increase in the required minimum distribution age, which was first raised to 72 under the SECURE Act, then to 73 under SECURE 2.0 ... It is unlikely that the IRS will grant tax-exempt 457(b) plans a last-minute extension, especially given the government shutdown[.]"  MORE >>

PLANSPONSOR; registration may be required

[Guidance Overview]

IRS Provides Chance to Avoid Roth Catch-Up for Some 403(b) and 457 Participants

"In 403(b) plans, employees with at least 15 years of service at eligible employers, such as public schools and certain nonprofits, may qualify for an additional catch-up contribution of up to $3,000 per year, capped at $15,000 total. The Roth catch-up requirement does not apply to these ... Similarly, for governmental 457(b) plans, the Roth requirement applies only to the extent catch-up contributions exceed the regular 457(b) limit."  MORE >>

Bricker Graydon

PRT Litigation Scorecard: Defendants Are Up, But Standing Remains in Flux

"So far, five district courts have issued decisions on the motions to dismiss, plus a Report & Recommendation (R&R) from a magistrate court ... While three of those decisions, plus the R&R, granted defendants' motions to dismiss ... the grounds on which the motions were granted or denied could provide insight into the trajectory of these cases going forward, including a possible circuit split for the Supreme Court to address."  MORE >>

Thompson Hine

Lifetime Income in 401(k) Plans: A Top-Down Consideration Framework (PDF)

"This paper outlines a top-down strategy to identify solutions that match high-level criteria based on plan sponsor preference.... The framework presented here is a practical representation of the choices available today that complements Broadridge's Prudent Practices for Retirement Income Solutions ... The Prudent Practices offer a validated process and valuable procedures, but they carefully (prudently, if you will) leave significant leeway to plan fiduciaries in how they implement evaluations."  MORE >>

401(k) Annuity Hub

Driving Enterprise Strength in the Retirement Industry: Challenges, Trends and Smarter Solutions

"Adapting to today's environment does not mean taking on massive, high-risk transformations. In fact, some of the most effective strategies are incremental and pragmatic. Modernize platforms gradually.... Elevate operational excellence.  ... Adopt adaptive workforce models.  ... Strengthen data foundations."  MORE >>

Enterprise Iron

Eastman Kodak to Buy Annuity Contract After Ending Pension Plan

"The deal, set to close Oct. 21, will cover about 27,000 participants in Eastman Kodak's terminated retirement plan.... About 3,600 employees elected to receive a lump-sum distribution of their retirement benefits in lieu of an annuity when Eastman Kodak terminated the pension program. The company settled $76 million of pension obligations through lump-sum payments on Oct. 1, and expects to settle $157 million more in lump-sum payments on Nov. 1."  MORE >>

MarketWatch

Most Retirees Want to Front-Load Their Spending

"The constant real spending assumed by the 4% rule isn't what the majority of retirees prefer. Advisors need to help clients enjoy their savings during early retirement while protecting against inflation and other long-term risks. Delayed Social Security claiming can help provide an inflation-protected lifestyle safety net."  MORE >>

ThinkAdvisor

What Changes for Your IRA and 401(k) When You Get Married

"If you're newly married or planning to tie the knot, it's important to understand how your IRA and 401(k) accounts are affected. From changes in contribution limits and tax-filing status to updating beneficiaries, this guide explains what every couple needs to know to avoid costly mistakes and make the most of their retirement savings."  MORE >>

Morningstar

Benefits in General

Ninth Circuit Reverses ERISA Penalties Award, Defines Scope of ERISA Disclosure Limits (PDF)

"The court noted that Ninth Circuit precedent calls for a narrow interpretation of ERISA Section 104 as it applies to plan document disclosure requests, explaining that not all contracts and other internal documentation dealing with plan administration are required to be disclosed.... [T]he ruling demonstrates that courts have wide latitude in awarding penalties in these situations, and that a plan's good faith response in accordance with relief granted due to a pandemic or other disaster can prove to be timely and penalty-averting behavior." [Zavislak v. Netflix, Inc., No. 24-4156 (9th Cir. Sep. 24, 2025; unpub.)]  MORE >>

Thomson Reuters / EBIA

Eleventh Circuit Reaffirms Strict ERISA Exhaustion Requirement for Fiduciary-Breach Claims

"[T]he court emphasized that exhaustion applies 'across the spectrum of ERISA claims' -- including those alleging statutory violations or fiduciary breaches. While acknowledging that most other circuits do not require exhaustion for statutory ERISA claims, the Eleventh Circuit reaffirmed its unique position, holding itself bound by Mason until abrogated by the Supreme Court or by the court en banc." [Bolton v. Inland Fresh Seafood Corp. of Am., Inc., No. 24-10084 (11th Cir. Oct. 15, 2025)]  MORE >>

Roberts Disability Law

Employee Benefits Jobs

💼

Licensing Specialist

Daybright Financial

Iselin NJ / Hybrid

View job as Licensing Specialist for Daybright Financial

💼

Senior Relationship Manager

ERISA Services Inc.

Remote / AL / AR / FL / GA / LA / MS

View job as Senior Relationship Manager for ERISA Services Inc.

Selected New Discussions

M&A - Terminate Buyer's Plan?

"In a stock acquisition, often a buyer requires target/seller to terminate target's 401k plan pre-closing. Can a buyer instead choose to terminate its own (buyer's) plan pre-closing and join the target's plan post-closing? Or does this run afoul of the successor employer / alternative defined contribution plan rules?"

BenefitsLink® Message Boards

Webinars, Podcasts and Conferences
(Retirement Plans / Executive Compensation)

Commission Possible: Decoding Incentive Compensation for Management

PODCAST

Littler

Roth Catch-Up Contributions: A Practical Discussion of the Final Regulations

November 19, 2025 WEBINAR

Trucker Huss

Navigating 401(k) and 403(b) Plan Litigation Risks: Key Issues for Sponsors and Administrators

December 9, 2025 WEBINAR

BARBRI

Last Issue's Most Popular Items

Updated Regulatory Agendas Have Few New Retirement Items

Mercer

Managed Accounts and Investment Advice: What Fiduciaries Should Know

Kutak Rock LLP

How Prepared Are U.S. Adults for Living Longer, Healthier, Better Lives? (PDF)

John Hancock

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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.

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