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Retirement Plans Newsletter

November 13, 2025

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[Guidance Overview]

Maximum Benefit and Contribution Limits: 1996-2026

With the shutdown ended, the [IRS] has finally issued Notice 2025-67, setting out the limits on benefits and contributions for 2026. Maximum deferrals under a 401(k) or 403(b) plan rose from $23,500 to $24,500, while maximum benefits under a defined benefit plan rose from $280,000 to $290,000. This page includes a chart showing details, and limits from 1996 to 2026.  MORE >>

Venable LLP

[Sponsor]

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[Guidance Overview]

Exceptional Usefulness and Quality icon Catch the Catch-Up Final Regulations Before They Catch You Off-Guard

"If reading all these rules has you thinking about eliminating Roth provisions or catch-ups from your plan, I don't blame you, so here are some of the most common considerations ... [1] Plans do not have to offer a Roth option. [2] Plans cannot require that ALL catch-up contributions be ROTH contributions. [3] Plans cannot make Roth available only for catch-up contributions. [4] Plans cannot make Roth available only to catch-up eligible participants. [5] Catch-up eligible participants who are not High Earners are not precluded from making catch-up contributions in a plan that does not have a Roth feature."  MORE >>

Belfint Lyons Shuman

[Guidance Overview]

Exceptional Usefulness and Quality icon SECURE Act 2.0: IRS Issues Final Regulations on Catch-Up Contributions

"Sponsors will need to amend plan documents implementing the Roth catch-up rule no later than December 31, 2026 ... With respect to safe harbor 401(k) plans, the IRS indicated that a midyear plan amendment implementing this feature does not constitute a prohibited midyear change that would jeopardize safe harbor status."  MORE >>

Gould & Ratner

[Guidance Overview]

New York Employers Must Act as the New York State Secure Choice Savings Program Rolls Out

"[E]mployers that already sponsor a qualified retirement plan ... are not required to enroll employees in New York Secure Choice.... [E]mployers are neither required nor permitted to make employer contributions to an eligible employee's Roth IRA in the New York Secure Choice program.... [An] employer's role is limited to facilitating employee participation in the program."  MORE >>

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Eleventh Circuit Asked to Revisit Exhaustion Requirement for ERISA Fiduciary Claims

"The plaintiffs-appellants assert that en banc review should be granted because it 'will [] further ERISA's goals of establishing a uniform regulatory regime over employee benefit plans.' They point out that 'a total of seven other circuits have rejected an exhaustion requirement for fiduciary breach and statutory claims under ERISA' and argue that if the case had of been brought in 'virtually any other circuit, Plaintiffs would have been permitted to proceed on the merits.' " [Bolton v. Inland Fresh Seafood Corp. of Am., Inc., No. 24-10084 (11th Cir. Oct. 15, 2025; pet. for rehearing filed Nov. 5, 2025)]  MORE >>

Miller & Chevalier

Participation Climbs as Employers Embrace SECURE 2.0 Flexibility

"87.4 percent of eligible employees contributed to their 401(k) accounts up from 86.9 percent the previous year.... Average employee deferrals were 7.7% of pay (down from 7.8% in 2023), and employer contributions averaged 4.8% (down from 4.9%) for a total savings rate of 12.5% of pay.... 2.7% of participants took a hardship withdrawal in 2024, up from 2.1% in 2023 -- while plan loan usage declined ... 20 percent of plans now offer [Roth employer contributions], up from 13 percent in 2023, with a third of plans considering adding it."  MORE >>

Plan Sponsor Council of America [PSCA]

DC Plan Sponsors Prioritizing Financial Wellness, AI Integration and Delegation in 2026

"[P]lan sponsors reported a near equal focus on financial wellness for participants (39%) ... ensuring regulatory compliance (37%) and reducing costs (36%) in their plan.... 44% [state] that AI will have the greatest impact on the success of their plan over the next three- to five-year period.... 29% reported they are currently using or considering a MEP or PEP specifically as a way to lower plan costs.... 67% of plan sponsors said they are considering switching to a MEP or PEP or may consider it in the future. "  MORE >>

Mercer

PEPs Gaining Ground, But One Size May Not Fit All

"While the ongoing evolution and adoption of PEPs is worth monitoring, the trade-offs in flexibility, governance, and investment access may in some cases outweigh the benefits of a more tailored and flexible structure. Employers, for example, can also ease fiduciary burdens and lower costs through options like hiring a 3(38) investment manager, adding a 3(16) plan administrator, or incorporating CITs into their lineup — without needing to join a PEP."  MORE >>

FiduciaryAdvisors LLC

An Insider's Take on Cybersecurity for Retirement Plans

"A professional uniquely positioned to discuss cybersecurity in the context of retirement plans offers her insights on the nuances and hard realities of protecting assets, balances, sensitive information and more from unauthorized access.... She observed that 73% of the organizations that experience a breach of security experience a second one. And this, she said, 'is because they didn't identify the cause and didn't fix it.' "  MORE >>

American Retirement Association [ARA]

How America Retires: Turning Complexity Into Clarity

27 pages. "Those in plans that offer flexible distributions are about 35% more likely to remain in the plan three years after retirement, are 15%-25% less likely to cash out their balance in the first year, and have balances that are nearly twice as high as those in plans without flexible options. Nearly 3 in 10 retirees stay in the plan three years after retiring, and about a third of them make withdrawals. "  MORE >>

Vanguard

[Opinion]

The Next Frontier for Employee Ownership: Access to Capital Markets Through AORA

"[T]he American Ownership and Resilience Act (AORA) [HR 3248; S 1645would expand pools of investment capital necessary to grow the field while respecting the original intentions of the founders of ESOP legislation to create not ephemeral employee ownership but stable, long term employee ownership which broadens participation in business ownership and strengthens the American economy."  MORE >>

The ESOP Association

Benefits in General

[Guidance Overview]

IRS Issues Remaining 2026 Inflation-Adjusted Limits for Employee Benefit Plans (PDF)

The IRS has now released all of the 2026 benefit limits, including both the cafeteria and health plan limits as well as all of the qualified retirement plan limits. Earlier this year, IRS also released the High Deductible Health Plan (HDHP) and Health Savings Account (HSA) limits. This chart shows all of these limits for 2025 and 2026.  MORE >>

Kushner & Company

Christmas Bonus Compliance for Puerto Rico Employers

"The Puerto Rico Christmas Bonus is a local tradition that comes with significant statutory requirements for employers. There are two tiers of employee eligibility and bonus amount depending on employee hire date and employer headcount. Employer profitability-related exemptions may apply, as do penalties of various percentages for failure to timely pay the Christmas Bonus."  MORE >>

Jackson Lewis P.C.

Employee Benefits Jobs

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3(16) Fiduciary Analyst

Anchor 3(16) Fiduciary Solutions

Remote / Wexford PA

View job as 3(16) Fiduciary Analyst for Anchor 3(16) Fiduciary Solutions

Selected New Discussions

2025 Comp for 2026 HPI

"Are we all agreed that the rule is $145K of FICA wages to be a Highly Paid Individual (or High Earner or whatever your favorite acronym is) for 2026? I thought I heard something about it being increased for cost-of-living from 2024 to 2025 and that might make it $150K, but I don't see anything official on that."

BenefitsLink® Message Boards

HCEs Excluded for Safe Harbor

"The plan provides a Safe Harbor Non-Elective Contribution (SHNE) and excludes Highly Compensated Employees (HCEs) from safe harbor contribution. In this situation, there are five HCEs in the plan, and the client wishes to provide the SHNE to only two of these HCEs while giving no safe harbor contribution to the remaining three. The question is whether this allocation is allowable under IRS regulations, and if permissible, which specific regulations authorize it."

BenefitsLink® Message Boards

DOL Advisory Opinion 2025-03A

"Do people agree that if a plan is designed as a top-hat plan specifically, the concerns outlined here are not applicable? The Morgan Stanley plan does not sound like a plan exclusively for HCEs and management. Sounds like a plan offered widely to all advisors. I assume that is the issue. And I further assume that because the benefits are paid when vested there is no deferral of income anyway which eliminates concerns about 'funding.' Do I have this about right?"

BenefitsLink® Message Boards

Press Releases

Schechter Benefits Law Group Receives Ranking in 2026 Edition of “Best Law Firms” by U.S. News

Schechter Benefits Law Group LLP

BofA Launches 401k Pay: Comprehensive Solution Simplifies Retirement Income Management

Bank of America

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

Cybersecurity for Retirement Plans: Navigating the New Frontier

ON-DEMAND WEBINAR

Woodruff Sawyer

Last Issue's Most Popular Items

Text of IRS Notice 2025-67: 2026 Amounts Relating to Retirement Plans and IRAs, as Adjusted for Changes in Cost-of-Living (PDF)

Internal Revenue Service [IRS]

Updated Projections of 2026 Retirement Plan Limits

Mercer

2025 IRS Form 4972: Tax on Lump-Sum Distributions (From Qualified Plans of Participants Born Before January 2, 1936) (PDF)

Internal Revenue Service [IRS]

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

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