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Retirement Plans Newsletter
October 23, 2025
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[Guidance Overview]
DOL Approves Lifetime Income Product as a Default Investment Option in ERISA 401(k) Plans (PDF)
"[Advisory Opinion 2025-04A] applies only
to the facts set forth therein and to the party to whom the AO was addressed. However, it is significant in that it resolves the uncertainty in the QDIA rules regarding whether this type of managed account could be a QDIA." MORE >>
Willkie Farr & Gallagher LLP
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[Guidance Overview]
IRS Issues Final Regs on Mandatory Roth Catch-Up Contributions
"Generally, plan sponsors should be prepared to implement the Roth catch-up rule for taxable years beginning after December 31, 2025 (i.e., January 1, 2026, for calendar year plans). This will require coordination with ERISA counsel, the company's payroll provider,
and the plan's recordkeeper and third-party administrator." MORE >>
Jackson Lewis P.C.
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[Guidance Overview]
Mandatory Roth 401(k) and 403(b) Catch-Up Contributions
"Key decision points for plan sponsors include ... [1] Type of catch-up contribution elections ... [2] Separate catch-up elections ... [3] Spillover catch-up contributions and when to 'deem' contributions as Roth ... [4] Pay
tracking ... [5] Not required to offer Roth contributions ... [6] Coordination with non-discrimination testing." MORE >>
Ivins, Phillips & Barker
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[Guidance Overview]
Lost and Not Yet Found: Plan Sponsors' Duties Regarding Missing or Unresponsive Plan Participants (PDF)
"[A] variety of reasons [may] lead to a participant's being deemed missing, such as a participant's failing to update contact information after moving, switching phone providers, changing their name due to a marriage or divorce, or passing away with their beneficiaries
unaware of their benefits. This article summarizes a plan sponsor's duties regarding missing or unresponsive plan participants and alternative methods for disposition of related plan amounts." MORE >>
Sidley Austin LLP in Employee Benefit Plan Review
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[Guidance Overview]
Resources for Tracking State and Local Retirement Initiatives (PDF)
"This article summarizes state retirement initiatives for private-sector workers and rounds up relevant Mercer and third-party resources." [States included in this update: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts,
Minnesota, Missouri, Nevada, New, Jersey, New, Mexico, New, York, Oregon, Rhode, Island, Vermont Virginia, and Washington] MORE >>
Mercer
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Supreme Court Withdrawal Liability Case to Address Timing of Actuarial Assumptions
"In the first withdrawal liability case to reach the Supreme Court in more than three decades, the Court will consider a narrow, but consequential, statutory question ... The answer will determine whether multiemployer pension plans have the flexibility to update actuarial
assumptions after year end or whether those assumptions must be fixed at the close of the prior plan year, which provides more certainty to withdrawing employers." [M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 22-7157 (D.C. Cir Feb. 9, 2024; cert.
pet. granted Jun. 30, 2025 No. 23-1209)] MORE >>
International Foundation of Employee Benefit Plans [IFEBP]
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Certain Variable Annuity Surrenders Doubled from 2022 to 2024
"Updated research from Milliman finds that surrender rates on variable annuities with guaranteed living withdrawal benefits more than doubled from 2022 to the end of 2024.... The studies also revealed that the rate at which GLWB contracts are starting their income during the
2023-24 calendar years is, on average, about 20% higher than in the previous two-year period." MORE >>
InsuranceNewsNet.com
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For Employees: How to Roll Over an Old 401(k)
"If deciding what to do with an old 401(k) plan has been on your to-do list for a while, here are the key steps you should take to get it done. [1] Check your account value. [2] Determine whether to stay within the 401(k) confines. [3] Assess the quality of your
401(k) options. [4] Find the right IRA provider. [5] Decide whether to convert your traditional 401(k) assets to Roth. [6] Execute. [7] Determine what to invest in." MORE >>
Morningstar
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When to Apply for Retirement Social Security Benefits: Key Considerations
"[T]here is no one-size-fits-all solution when it comes to filing for -- or changing -- your Social Security retirement benefits.... [1] Projecting your benefits; [2] Life expectancy and Social Security; [3] How marriage affects your benefits; [4] How to
'undo' your benefits; [5] Social Security planning and your overall financial picture; [6] Concerns about Social Security solvency; [7] Making an informed decision." MORE >>
Greenspring Advisors
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Benefits in General |
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2025 Prescribed U.S. Statutory and Tax Interest Rates for the Valuation of Life Insurance and Annuity Products
"This report updates the maximum statutory valuation rate and nonforfeiture interest rate for calendar year 2026 issues of life insurance products and the maximum statutory valuation interest rates for calendar year 2025 issues of annuity products." MORE >>
Willis Towers Watson
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Eleventh Circuit Addresses ERISA Exhaustion Requirement
"The concurrence written by Circuit Judge Adalberto Jordan, joined by Circuit Judge William H. Pryor, Jr., is noteworthy. They propose to convene en banc to 'consider overruling Mason v. Continental Group ... which imposed a judicially created and atextual administrative exhaustion requirement for fiduciary breach and statutory claims under ERISA ... ' In the concurrence, Judge Jordan points out that the Eleventh Circuit is the only circuit with a mandatory exhaustion requirement and that the majority of circuits have
held that 'plaintiffs asserting fiduciary-breach statutory claims under ERISA do not have to exhaust administrative remedies.' " [Bolton v. Inland Fresh Seafood Corp. of Am., Inc., No. 24-10084 (11th Cir. Oct. 15,
2025)] MORE >>
Miller & Chevalier
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Executive Compensation and Nonqualified Plans |
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MLB's Deferred Compensation Practice: How the 2025 Dodgers Are Getting $241.44 Million in Value by Paying Only $115.61 Million
"While the numbers are eye-popping compared to normal employment agreements, professional athletes' contractual negotiations with their employer, the MLB team, must abide by the same regulations, risks, and benefits as any employment contract. This article addresses how the
recent MLB deferred compensation contracts fit into the larger legal landscape of employment contracts and associated risks and benefits to players and teams." MORE >>
Phelps Dunbar LLP
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Selected New Discussions |
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Mandatory Automatic Enrollment Count with Part-Time Employees
"Talking to a potential plan, and there are two f/t employees and 10 who are 'half-time'. Assuming that these people really do work only half of a f/t schedule, do the rules really let us treat this as 2 + (10 x 50%) = 7 and therefore exempt from the mandatory automatic
enrollment? I realize that it might be safer to just include it for many reasons, but if the client is really against it."
BenefitsLink® Message Boards
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Maximum Deductible Contribution for 2-Person Plan
"A Plan has two participants, a husband & wife, both of which are deferring the maximum 401(k) contribution for the year: Husband -- $100,000 salary Wife -- $23,000 salary Wouldn't the maximum deductible contribution be 25% of the total between them ($123,000 x
25%)? I know the wife's full salary is being deducted as a 401(k) contribution, but couldn't we still use her salary and give the husband the total 25% of their combined salaries as a profit sharing contribution since her salary is still technically eligible income?"
BenefitsLink® Message Boards
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410(B) Testing with Control Group
"We have a client that maintains 2 plans with us, one of which uses safe harbor match and the other that does not use a safe harbor contribution. They became a control group 2 years ago and we have relied on the transition rule to avoid coverage but that is expiring. What happens
if the plans will not pass coverage to be able to be tested alone and technically need to be tested together? I know you are not able to aggregate plans for testing when one is safe harbor and one is not. At this point, they do not want to change the plan design of either plan so we are trying to figure out how to fix this if coverage fails."
BenefitsLink® Message Boards
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Annual Compliance Update
November 20, 2025 WEBINAR
Worldwide Employee Benefits Network [WEB] - Atlanta Chapter
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Last Issue's Most Popular Items |
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Retirement Plan Amendments: Are You Sure You Know Your Deadline?
Spencer Fane
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Draft of Instructions for IRS Form 8881: Credits for Small Employer Pension Plan Startup Costs, Contributions, Auto-Enrollment, and Military Spouse Participation (PDF)
Internal Revenue Service [IRS]
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Upcoming Deadline for Tax-Exempt 457(b) Plan Sponsors
Nixon Peabody LLP
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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