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Retirement Plans Newsletter

November 7, 2025

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[Official Guidance]

Text of 2025 IRS Form 8880: Credit for Qualified Retirement Savings Contributions (PDF)

"What's New: [1] Permanent credit for Achieving a Better Life Experience (ABLE) account contributions ... [2] New saver's match for qualified retirement contributions starting with 2027 tax returns filed in 2028."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

An Employer's Practical Guide to 401(k) Plan Catch-Up Contribution Changes for 2026

"These steps should be taken by December 31, 2025: [1] Ensure systems will identify 'High Earners' ... [2] Confirm payroll is set to withhold catch-up contributions for High Earners as after-tax contributions. [3] Determine whether the plan will administer catch-up contributions as deemed elections or require affirmative election. [4] Confirm payroll and plan recordkeeping systems communicate wage data correctly and can segregate contribution types. [5] Communicate with participants."  MORE >>

Baker Donelson

[Guidance Overview]

Guaranteed Retirement Income (PDF)

"The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 introduced a more robust optional statutory safe harbor for a fiduciary's selection of certain lifetime income options for defined contribution plans.... As plan fiduciaries continue to become more comfortable with the SECURE Act safe harbor, it is likely that new guaranteed retirement income products will continue to emerge."  MORE >>

Stradley Ronon in Employee Benefit Plan Review

[Guidance Overview]

New York Mandatory Employee Retirement Program to Be Implemented After Years of Delays

"New York Secure Choice ... mandates and facilitates the creation of Roth IRAs for private-sector employees who do not have access to a qualified retirement plan through their employers. Beginning in March of 2026, New York will require most private-sector employers to register for the Program or certify their exemption from the Program."  MORE >>

Littler

Rising Markets Don’t Lift All Participants

"Forward-thinking plan sponsors can respond with non-fiduciary plan design and education strategies ... Sidecar emergency savings.... Student loan repayment benefits ... Retirement reboot campaigns.... Targeted financial wellness.... Sponsors that look beyond the averages -- analyzing specific participant segments and approaching engagement creatively -- can help shift mindsets and narrow participation gaps."  MORE >>

FiduciaryAdvisors LLC

Navigating Pension Risk: Strategies for a Volatile Market

"An effective de-risking approach often involves collaboration among actuaries, annuity consultants and investment professionals to evaluate a plan sponsor's unique circumstances and goals.... Compared to siloed consulting models, an integrated methodology can lead to more efficient execution and better outcomes."  MORE >>

USI Consulting Group

Enhancing Retirement Savings: Private Equity and 401(k) Plans

"Private equity funds can now explore new distribution channels through retirement plans. This includes launching collective investment trusts (CITs), target date funds and managed accounts that incorporate PE exposure. Fund managers have the opportunity to design products tailored for long-term retirement investing, potentially unlocking a vast pool of capital from defined contribution plans."  MORE >>

WTW

Investment Managers Turn to AI for Competitive Advantage and Efficiencies

"Enhancing operational efficiency, strengthening compliance and risk functions, and staying competitive with peers are leading reasons in-house counsel cited as primary motivations to implement Al."  MORE >>

Ropes & Gray LLP

Plan Advisors Can Stop Multitasking in Meetings and Bring More Client Value

"Multitasking, especially in meetings with plan sponsor clients or internal teams alike, quietly erodes trust, clarity, and ultimately, could impact the retirement outcomes of your plan sponsors' participants. However, the solution isn't to police devices or ban technology altogether. Instead, it's about designing meetings that are purposeful, structured, and worthy of attention. In other words: the antidote to distraction is not restriction, but relevance."  MORE >>

RPAG

Continuous-Time Optimal Investment in DC Pension Plans with Path-Dependent Reference Points

"This paper investigates the optimal investment strategies of defined contribution (DC) pension plans under an S-shaped utility function with a path-dependent reference point.... A new approach is proposed to convert the problem into an equivalent one with a single state variable and a fixed reference point, enabling explicit solutions via the martingale method in a complete market."  MORE >>

Jiayou Ye, Hanqing Jin and Jingtang Ma, via SSRN

[Opinion]

The Forgotten Promise: Why PBGC Retirement Benefit Guarantees Should Continue After Pension Risk Transfer Transactions (PDF)

17 pages. "[T]he PBGC's disavowal of federal protection for retirees after pension risk transfers was never authorized by Congress and conflicts with both the statute and the PBGC's own 1981 position. The authors trace the legal history, legislative intent, and policy implications demonstrating that the law already requires PBGC guarantees to continue even after pension benefits are annuitized. Their analysis calls on regulators and courts to restore this 'forgotten promise' to strengthen the integrity of the U.S. pension system."  MORE >>

Ivins, Phillips & Barker

[Opinion]

Courts Keep Ignoring the Dangers of Pension Risk Transfer Annuities: Why These Cases Must Be Appealed

"Every dismissal so far rests on one or more reversible errors. The most common: [1] Courts assume PRT annuities are safe -- contrary to market evidence ... [2] Courts misapply ERISA's burden of proof ... [3] Courts ignore prohibited transactions (the strongest claim) ... [4] Courts wrongly treat PBGC loss as irrelevant ... [5] Courts ignore offshore private-credit exposures inside insurer portfolios ... Judges have been asleep at the wheel. Appeals are not just warranted -- they are essential."  MORE >>

The Commonsense 401(k) Project

Benefits in General

DOL Advisory Opinion Challenged in Court

"The Sheresky plaintiffs allege that Morgan Stanley improperly lobbied the DOL in an 'ex parte process' for over a year ... They further allege that Morgan Stanley is impermissibly utilizing the Advisory Opinion in the arbitrations to argue that because the DOL's 'official position' is that the Program is not governed by ERISA, the financial advisors' claims are frivolous and must be dropped, and that Morgan Stanley will seek attorneys' fees if the arbitrations proceed." [Sheresky v. Chaves-DeRemer, No. 25-8935 (S.D.N.Y. complaint filed Oct. 28, 2025)]  MORE >>

Miller & Chevalier

Executive Compensation and Nonqualified Plans

The Tightrope of Incentive Plan Adjustments

"In today's dynamic and often unpredictable business environment, companies sometimes face circumstances that force them to reconsider their existing incentive plans midstream. Unpredictable conditions -- global crises, economic downturns, unforeseen industry disruptions, or governmental policy changes -- pose significant challenges to maintaining standard performance metrics and reward structures. Adjusting incentive plans under such circumstances requires a careful approach that safeguards the credibility of compensation plans, ensures transparency, and upholds governance standards."  MORE >>

Farient Advisors

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MAP Retirement USA LLC

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Selected New Discussions

Triggering 3(21) Fiduciary Responsibility

"We're a TPA/recordkeeper who works almost completely in conjunction with 3(38) advisory firms to provide plans. As it stands we don't do anything in regards to investment lineups on the plans, that's chosen exclusively by whatever advisor is the 3(38) on that plan. We're toying with the idea of creating a very stripped-down, basic 401(k) plan to sell as a 'plan in a box' of sorts for very small companies unable to afford our standard tier. One of the issues is that such a plan would require an investment lineup, and having an advisor with a bps fee on the plan doesn't seem ideal for this structure. We absolutely don't want to take on 3(21) / 3(38) liability, which is why we've never thought about this before. However, I've heard recently from some sources that 3(21) responsibility is triggered only if it's plan-specific advice given to a sponsor. Supposedly, I've heard that some record keepers are able to essentially say 'here's our standardized fund line-up, you as a sponsor can either adopt it or choose your own funds to use' and in doing so, the plan sponsor remains the fiduciary for 3(21)/3(38) purposes. Anyone have any further insight on this?"

BenefitsLink® Message Boards

Passage of Time Eligibility

"Does anyone know what the following means in the PPD document: Plan elects a 6 month eligibility (not consecutive and no hours required), elapsed time is not marked but actual hours is marked. The adoption agreement notes that this is passage of time and not elapsed time and no minimum hours of service is required. My question is do you still have to apply the 1000 hour in a 12 month period failsafe? How would any break in service provision work?"

BenefitsLink® Message Boards

Press Releases

LRS Announces Sponsorship of FlowerHire Cannabis HR Leadership Summit at MjBizCon

Leading Retirement Solutions

Benefitfocus Health Insights Collaborates with Deerhold to Advance Price Transparency in Healthcare

Benefitfocus

Last Issue's Most Popular Items

Key Takeaways from Final Catch-Up Regulations

Hanson Bridgett LLP

Identifying High-Income Earners for the Roth Catch-Up Mandate

WTW

A Current Look at Independent Fiduciaries Under ERISA (PDF)

The Wagner Law Group in Journal of Pension Planning and Compliance

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

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