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Retirement Plans Newsletter

October 28, 2025

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[Guidance Overview]

IRS Reminds Tax Pros to Renew PTINs for the 2026 Tax Season

"[P]reparer tax identification numbers must be renewed annually, and the 2026 renewal period is now open. Anyone who prepares or assists in preparing federal tax returns or claims for refunds for compensation must have a valid PTIN and include it on all returns and claims filed with the IRS. Also, all enrolled agents, regardless of whether they prepare tax returns, must renew their PTINs annually to maintain their active status."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Modernize Year-End Admin & Compliance Processes with SSP

Sound impossible to automate your entire year-end processes while you keep 100% control? From census import, validations, compliance testing to report generation & exception handling. Consistent accurate results. No Install, Web Access. See for yourself!

Sponsored by ASC

401(k) Forfeiture Suit Dismissed

"A New York federal judge has thrown out a proposed class action lawsuit against WPP Group USA Inc., ruling that two former employees failed to prove the marketing giant mishandled 401(k) plan forfeitures in violation of federal benefits law.... [The judge found] that the company's use of forfeited funds to offset employer contribution costs was consistent with the plan's governing documents and long-standing federal guidance." [Polanco v. WPP Group USA Inc., No. 24‑09548 (S.D.N.Y. Oct. 27, 2025)]  MORE >>

USA Herald

Intel Plaintiffs Pursue SCOTUS Scrutiny of Alt Investment Decision

"Plaintiffs who have lost at both the district and appellate court level are asking the nation’s highest court to weigh in on a suit involving alternative investments — more specifically the “speculative” nature of a custom target-date fund invested in hedge funds and private equity." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025; cert. pet. filed Oct. 20, 2025 No. 25-498)]   MORE >>

American Retirement Association [ARA]

Incorporating Annuities in DC Plans

"[P]lan sponsors considering income solutions must first evaluate whether the plan participants are a good fit for the offerings.... [T]he out-of-plan annuity puts most of the onus on the participant, although it offers them a wider selection of providers.... [O]ptions within the plan offer several advantages, including compounding benefits and a more straightforward method for providing the annuity."  MORE >>

PLANSPONSOR; registration may be required

How 3(38) Fiduciaries Limit, But Don't Erase, Plan Sponsor Liability

"By hiring a 3(38) investment manager ... plan sponsors can meaningfully reduce their exposure to claims tied to investment performance or prudence.... The 3(38) assumes full fiduciary liability for those decisions, which shields the sponsor from most investment-related claims. What remains is a far narrower and more manageable responsibility: prudently selecting and periodically reviewing the 3(38)."  MORE >>

PLANSPONSOR; registration may be required

Can We Help People Improve Their Life Expectancy Estimates?

"This study tested whether providing simple information could help improve people’s estimates of reaching older ages. The intervention was quite effective for about a quarter of participants, specifically those who rely on experts to inform their thinking. But the intervention was ineffective for the many participants who rely on their parents’ experience, so more research is needed on how to help them."  MORE >>

Center for Retirement Research [CRR] at Boston College

Prioritizing Retirement Investments: Total Return or Income Generation?

"[T]here appears to be a growing number of investors who, from the very start, are focused on creating income-producing portfolios. That is, their primary goal is the ongoing acquisition of dividend-paying stocks, mutual funds, or exchange-traded funds. For such investors, the primary measure of success isn't the total return or balance of their portfolios, it's the size of the income stream that these dividend-paying assets produce."  MORE >>

Morningstar

[Opinion]

DOL Begins to Wrestle Its Interpretive Authority Back from Plaintiffs' Lawyers

"Until now, DOL has virtually always supported plaintiffs or, just as troubling, remained silent when plaintiffs filed meritless lawsuits against plan sponsors. Whether through this action or inaction, DOL's effective regulation through litigation has failed to fulfill its responsibilities under ERISA and inappropriately deputized plaintiffs' attorneys to clarify what is required and prohibited by the law. DOL's forfeiture brief comes at an especially helpful time, as these forfeiture cases have just begun to reach the federal courts of appeal."  MORE >>

Encore Fiduciary

Benefits in General

Shutdown 2025: The Impact on Health and Retirement Policy and Enforcement

"[IRS] plans remain on track to issue regulatory guidance under the One Big Beautiful Bill and continue preparations for the upcoming tax filing season.... DOL has paused work on much of its enforcement and regulatory activities.... During the shutdown, the SEC will not engage in rulemaking or issue any guidance. Much of the agency's routine oversight activities will also be paused.... PBGC is able to operate during the shutdown and will still process filings (e.g., premium filings, reportable events, and terminations), conduct investigations, and participate in litigation."  MORE >>

Groom Law Group

Baby Boomers: Navigating Employee Benefits Before Retirement

"Voluntary benefits and support related to retirement planning may be more appealing to your oldest employees than younger generations -- not just because they are closer to retirement age, but also because they are at higher risk of running out of retirement savings than their younger counterparts ... Benefits, education and decision-making tools related to managing chronic conditions can all support Boomers as they navigate their health care choices.... The obvious difference between Baby Boomers and younger colleagues is that they may prefer to receive support over the phone rather than exclusively online."  MORE >>

Benefitfocus

Employee Benefits Jobs

💼

Retirement Plan Consultant

The Finway Group

Remote / West Des Moines IA

View job as Retirement Plan Consultant for The Finway Group

Selected New Discussions

Mandatory Auto Enrollment Under S2.0 and ERISA Exemption

"If a new 403b is subject to mandatory auto enrollment, can that plan still qualify as ERISA exempt? I know the question has been asked -- has it been answered?"

BenefitsLink® Message Boards

Mandatory Roth / Plans Where HCE's Hit 415 Limit

"If a 'Highly Paid Individual' goes over the 415 limit but NOT the 402g limit, their catch-ups need to be coded as Roth. [1] What happens if the discretionary profit sharing that puts them over is deposited after the end of the year? Is the only option the Roth conversion correction? [2] Does anyone have any ideas for how to handle a plan that is contributing 15% of pay throughout the year, where they will hit the 415 limit during the year well before they hit 402(g)? I almost wonder if we should tell these Highly Paid Individuals to contribute $7,500 of Roth first to avoid any issues. These seems like it's going to be a real challenge for some plans. Obviously it is few and far between, but when it applies I think its going to be a pain. Curious if others have any grand ideas."

BenefitsLink® Message Boards

Press Releases

Evernorth Announces New Era of Pharmacy Benefit Services to Lower Americans' Medication Costs

Evernorth Health Services, a division of The Cigna Group

Equitable Announces Acquisition of Stifel Independent Advisors

Equitable

Kaplan Named Thomas J. Finnegan III Educator of the Year

ASPPA [American Society of Pension Professionals & Actuaries]

Kevin Donovan 2025 Recipient of the Harry T. Eidson Founders Award

ASPPA [American Society of Pension Professionals & Actuaries]

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

The New Roth Catch-Up Rules

November 12, 2025 WEBINAR

CAPTRUST Financial Advisors

IRAs: Handling Complex Death Claims

December 4, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

Draft of 2025 IRS Form 8955-SSA: Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits (PDF)

Internal Revenue Service [IRS]

PBGC Announces 2026 Premium Rates

Pension Benefit Guaranty Corporation [PBGC]

Preparing for the Roth Catch-Up Contribution Mandate, Part 1

Willis Towers Watson

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

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