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Retirement Plans Newsletter
October 20, 2025
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💼 5 New Job Opportunities
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[Guidance Overview]
IRS Catches Up on Roth Catch-Up Regulations: Action Needed Now
"[D]ecisions that plan sponsors need to make before the statutory requirements take effect starting January 1, 2026 [include]: [1] Will the plan implement deemed Roth contributions? [2] Will the plan aggregate some or all of the employers participating in the plan
within the same controlled or affiliated service group and/or using the same common paymaster? If yes, which companies will be aggregated for this purpose?" MORE >>
Calfee, Halter & Griswold LLP
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[Sponsor]
CalcAir Launches MyCalcAir, Bringing Benefits Software to the Cloud
MyCalcAir provides access to CalcAir’s full desktop software suite through a secure, scalable Software-as-a-Service (SaaS) environment. Benefits professionals can work from any location and on any device through a secure Azure Virtual Desktop experience.
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Eleventh Circuit Ruling Could Unravel Strict ERISA Exhaustion Rule
"A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under [ERISA], ... given that two judges in a panel concurrence advocated for such
action following en banc review." [Bolton v. Inland Fresh Seafood Corp. of Am., Inc., No. 24-10084 (11th Cir. Oct. 15, 2025)] MORE >>
Cohen Milstein
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Are Plan Sponsors Ready for Roth Catch-Ups?
"44% of respondents ... stated they are struggling with payroll logistics and only 5% are ready to go. Forty percent are still working on it but feel confident they will be ready by Jan. 1." MORE >>
American Retirement Association [ARA]
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Annuity Purchases and Guaranteed Separate Accounts (PDF)
"If an annuity purchase contract is supported by a Guaranteed Separate Account, the premium received will be invested in that account and will be devoted to supporting pension payments of its pension risk transfer (PRT) business to which the account is devoted, rather than any
other obligations of the insurer.... Thus, an annuity purchase written out of a Separate Account is contractually more secure than a purchase written out of that same insurer's General Account. The Separate Account is providing an additional buffer protecting against pension benefits being cut in the unlikely event the insurer fails." MORE >>
Gallagher
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Proposal Would Allow Penalty-Free Distributions for Federal Contractors
"[T]he Emergency Relief for Federal Contractors Act of 2025 [S 2964] ... would allow penalty-free distributions from eligible retirement plans of up to $30,000 for a taxable year to applicable individuals impacted by a federal government shutdown.... The income from the distribution could be included ratably over a three-taxable-year period and the distribution could be repaid." MORE >>
Ascensus
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Should You Plan for a Retirement Without Social Security?
"The Social Security trust fund that is used to pay retirement benefits is expected to be depleted in 2033. Once the trust fund is depleted, retirees may only receive 77% of their benefit amount. It is widely believed Congress will make changes to the Social Security system
before the trust fund is depleted. Finance experts say those changes shouldn't affect older workers, but younger workers could see reduced benefits and should start investing more for retirement." MORE >>
U.S. News & World Report
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Front-Loading Spending in Retirement
"If your risk tolerance is relatively high, you prefer increased spending early in retirement, and you aren’t overly troubled by the thought of decreasing discretionary spending in the future, you may wish to use more aggressive assumptions and/or lower funding
targets." MORE >>
Ken Steiner, FSA Retired
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[Opinion]
Third Time No Charm in 'Forgotten Account' Fantasy
"For the third time running, an 'analysis' of extrapolated and imputed data and assumptions -- compounded -- claims that roughly 20% of all 401(k) assets are ... forgotten.... Capitalize ... also conclude[s] that 'forgotten and mismanaged 401(k)
accounts could end up costing an individual over $500,000 dollars in foregone savings over a career in a worst-case scenario.' In other words, they'd be better off in a low-fee, well-managed account -- like the ones Capitalize ostensibly supports." MORE >>
American Retirement Association [ARA]
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[Opinion]
Viewing ESG and ERISA Through a Political Lens: Does the American Airlines Relief Make Sense?
"[E]ven though American Airlines followed a prudent investment selection process and there were no monetary damages to award because no losses could be tied to American's decisions, the court injected itself into running the plans permanently and ordered that annual
disclosures not required by ERISA be given to all participants.... ERISA explicitly permits courts to grant injunctive relief, but it is far from clear that the specific relief awarded in the second American Airlines decision is consistent with ERISA or even with the first American Airlines decision." [Spence v. Am. Airlines, Inc., No. 23-0552 (N.D. Tex. Sep. 30, 2025)] MORE >>
Cohen & Buckmann, P.C.
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Employee Benefits Jobs
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Selected New Discussions |
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Application of IRC §404(a)(6) When a DB Contribution Is Made After 9/15 but Before 10/15
"For a calendar-year DB plan, if the employer makes the 2024 plan year contribution after 9/15/2025 (the 8½-month funding deadline) but before 10/15/2025 (the extended tax return due date), does
it still count as a 2024 plan-year contribution under IRC Section 404(a)(6)? My understanding is that it should still be deductible for 2024 and but can't be reported on the 2024 Schedule SB/counted as 2024 funding. Am I interpreting Section 404(a)(6) correctly?"
BenefitsLink® Message Boards
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SECURE 2.0 Roth Rules for Off-Calendar Year Plan
"Off-calendar plan (3/1/2025-2/28/2026): a High FICA person has $1000 that needs to be redesignated as Roth Catch-up as of 2/28/2026, since it is considered a 2026 catch-up, can the sponsor
correct the W-2 (2027 W-2 has not been created)? Or would it need to be corrected via 1099?"
BenefitsLink® Message Boards
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3% Nonelective Safe Harbor Notice
"We've continued to provide the 3% notice even though the requirement has changed. A typical plan for us is 3% FIXED in the document nonelective safe harbor and profit sharing. My understanding has been if there is no discretionary match then the notice is not required. I
went to ChatGPT which said it could be required if the safe harbor 'interacts' with profit sharing. The explanation was lacking. I don't know what it means by that, This is a plan with 350 participants and i didn't want to burden the sponsor with the distribution as it is not distributed by the record keeper."
BenefitsLink® Message Boards
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Press Releases |
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CalcAir Launches MyCalcAir, Bringing Benefits Software to the Cloud
CalcAir
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PlanPort Announces Support For Defined Benefit Plans and High Volume Customers
PlanPort
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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SECURE 2.0 webinar: Roth catch-up
ON-DEMAND WEBINAR
Fidelity Workplace
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Private Investments in 401(k)s
October 29, 2025 WEBINAR
Francis Investment Counsel
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Last Issue's Most Popular Items |
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Final Catch-up Regulations, Finally
Ferenczy Benefits Law Center
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Ninth Circuit Reverses ERISA Penalties Award, Defines Scope of ERISA Disclosure Limits (PDF)
Thomson Reuters / EBIA
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PRT Litigation Scorecard: Defendants Are Up, But Standing Remains in Flux
Thompson Hine
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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