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Retirement Plans Newsletter

October 31, 2025

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[Official Guidance]

PBGC Updated Guarantee Limit for Single-Employer Plans Terminating in 2026

"As a result of the indexing rules under federal law, the guarantee limits for single-employer plans that terminate in 2026 will be 4.82% higher than the limits that applied for 2025."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Guidance Overview]

PBGC Announces 2026 Premium Rates

"Both the single-employer and multiemployer plan rates have increased. [A chart] shows the rates in effect for plan years beginning in 2024, 2025, and 2026."  MORE >>

Cheiron

[Guidance Overview]

When Can You Use the DOL Calculator for Earnings on Plan Corrections?

"The DOL provides an online tool that calculates lost earnings for plan sponsors when they owe earnings to their retirement plans due to a prohibited transaction.... Under EPCRS, the IRS provides that to the extent possible earnings on any corrections should be calculated using actual earnings.... There are also several rules of administrative convenience that may be used when the correction involves increasing a participant's account.... There are different rules of administrative convenience that may be used when the correction involves decreasing a participant's account."  MORE >>

Bricker Graydon

[Guidance Overview]

Defined Contribution Plan Compensation Implicated by Minnesota Paid Family Leave

"Beginning in 2026, Minnesota will implement a paid family leave program (PFL) ... The State of Minnesota will be requiring employers participating in the State's program to report PFL medical leave benefits on the employer's Form W-2 -- and this may implicate the definition of compensation in the employer's defined contribution retirement plans. Employers should review the definition of compensation in their retirement plan documents to determine whether any action is needed prior to 2026."  MORE >>

Faegre Drinker

American Airlines Asks District Court to Clarify ESG-Focused Judgement

"[T]he airline has requested that the injunction be amended to apply only to the managers of the Plan's core investment options and not to the thousands of investment options available through BrokerageLink, the Plan's brokerage window, 'which American does not select, control or influence.' " [Spence v. Am. Airlines, Inc., No. 23-0552 (N.D. Tex. Sep. 30, 2025; motion for reconsideration filed Oct. 28, 2025)]  MORE >>

American Retirement Association [ARA]

How Plan Sponsors Can Defend Against Increased 401(k) Litigation

"401(k) forfeitures are no longer a technical detail; they are a litigation flashpoint. Employers that ignore the issue risk costly lawsuits, negative press, and employee mistrust. The best defense is a proactive one: clear plan terms, documented fiduciary process, transparent communications, and timely application of forfeitures."  MORE >>

Hall Benefits Law in Bloomberg Tax

401(k) Forced Distributions and Forced IRA Withdrawals

"If involuntary distributions are selected in your plan document, you must follow the mandatory cash-out rules. That means reviewing all terminated participant accounts at least once a year and taking the necessary action to distribute eligible balances. These distributions can occur without the participant’s authorization, as long as you’ve provided at least 30 days’ notice of the pending distribution."  MORE >>

Watkins Ross

Comparing 457(b), 457(f), and Split-Dollar Plans for Nonprofits

"Nonprofit organizations often look for ways to attract and retain key executives through deferred compensation arrangements. Three common approaches are the 457(b) plan, 457(f) plan, and split-dollar life insurance plan. Each can supplement retirement benefits, but they differ in eligibility, funding, and tax treatment."  MORE >>

Boutwell Fay LLP

[Opinion]

Things That Make One Author ‘Mad as Hell’, Part 2

"[A] list of things ... that those in our industry generate, promote and often share as fact without any application of common sense, and no apparent appreciation for the damage done by their complicity in sharing such nonsense.... [1] Reporting on average -- well, anything ... [2] Surveys that show an average or median account balance -- with no delineation for age or tenure.... [3] A single provider survey that shows an average or median account balance.... [4] Surveys that claim participants want things they can't possibly understand.... [5] Data 'analysis' that takes real stuff, combines it with fake stuff, makes up a new scary-sounding name for it, and then claiming that vast majorities of all the retirement plans in existence are in 'violation.' "  MORE >>

Nevin Adams in Data 'Points'

Benefits in General

[Official Guidance]

Text of IRS Disaster Relief Notice AK-2025-04, for Taxpayers Impacted by Typhoon Halong in Alaska

"[I]ndividuals and businesses in the Lower Kuskokwim Regional Educational Attendance Area, Lower Yukon Regional Educational Attendance Area, and Northwest Arctic Borough affected by severe storms, flooding and remnants of Typhoon Halong that began on Oct. 8, 2025 ... now have until May 1, 2026, to file various federal individual and business tax returns and make tax payments."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

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Distributions and Account Services Analyst

Loren D. Stark Company

NV / Hybrid

View job as Distributions and Account Services Analyst for Loren D. Stark Company

Selected New Discussions

Notice to 403(b) Participants when Changing from Mandatory to Discretionary Match

"How much notification does a 403(b) need to give participants if they are amending the Plan to go from a mandatory matching contribution to a discretionary? Is it 60 days?"

BenefitsLink® Message Boards

Loan from Roth accounts

"If a 401(k) loan is made from pre-tax funds and the loan becomes due upon termination of employment, the loan offset is taxable unless rolled over. If the loan is made entirely from Roth funds, I assume the portion of the offset attributable to principal is tax-free, but the portion attributable to interest ('earnings') is taxable (if not rolled over) -- unless it's a qualified distribution. Am I looking at this correctly?"

BenefitsLink® Message Boards

Distribution When Temporarily Laid Off

"Is there any reason a participant who has been 'temporarily laid off' is eligible for a distribution? I don't know the company's definition of 'temporarily' but he was apparently told he can take a distribution, but I feel like employee is not truly terminated."

BenefitsLink® Message Boards

Press Releases

ERIC Statement on Trump Administration Announcement to Accelerate Biosimilar Development and Lower Drug Costs

ERIC [ERISA Industry Committee]

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

Practical Considerations for Retirement Plan Sponsors Evaluating Alternative Assets in 401(k)s

PODCAST

Ropes & Gray

Last Issue's Most Popular Items

The $1,000 Boost and the 2026 Catch-Up Curveball

The Rosenbaum Law Firm P.C.

2026 IRS Limits Forecast: Final Estimates

Milliman

What's At Stake In SCOTUS Pension Liability Case (PDF)

Thompson Hine

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

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