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Retirement Plans Newsletter
November 19, 2025
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💼 4 New Job Opportunities
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[Guidance Overview]
Roth Catch-Up Contributions: Options and Decisions
"The Final Regs give plan sponsors more options for how to handle this complex plan provision. Some make your life easier, and some may make things more difficult.... Deemed versus affirmative election ... Determination of HPI for controlled/affiliated service
groups ... [P]lans with no Roth contributions and HCEs who aren't HPIs ... Including Roth contributions made before limit reached ... [C]orrection deadlines and consequences ... Additional guidance on increased 60-63 catch-up contributions ... [D]iscuss your options as soon as possible with your TPA." MORE >>
Ferenczy Benefits Law Center
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[Sponsor]
Year-End Census Collection: Simplified.
Tired of chasing census data? ASC’s portals and CRMs turn the chaos into clarity—secure uploads, instant validation, full automation. Collect smarter this year-end.
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[Guidance Overview]
Payroll Pitfalls and Practical Fixes for the New Mandatory Roth Catch‑up Requirement for Retirement Plans
"This Roth catch-up requirement creates several potential challenges for employers and their plan service providers, including ... Who is subject to the rule? ... Will deemed elections be implemented? ... What if we can't or don't implement deemed
elections? ... What other challenges will your company face? ... How and when will you provide notice and information to participants? ... Questions to consider." MORE >>
Foley & Lardner LLP
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[Guidance Overview]
Final Roth Catch-Up Regs: Key Takeaways for Plan Sponsors
"[P]lan sponsors will need to consider the available options for compliance, make necessary plan design decisions such as whether to use a separate election and/or deemed election approach and whether to aggregate FICA wages if the employer is part of a controlled group or uses a
common paymaster arrangement, and begin operating the plan in accordance with those decisions by January 1, 2026." MORE >>
Bryan Cave Leighton Paisner LLP
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[Guidance Overview]
How to Prepare Your 401(k) Plan for SECURE 2.0 Changes
"[This summary] outlines the major SECURE 2.0 changes, their effective dates, whether they are optional or required, and the steps you can take now to
prepare." MORE >>
Employee Fiduciary
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Pension Risk Transfer Cases Test Supreme Court's Thole Decision
"Courts presiding over the recent spate of lawsuits challenging defined benefit (DB) plan pension risk transfers (PRTs) have issued mixed rulings on whether plaintiffs can proceed with their ERISA claims.... [L]lower courts considering PRT cases are now confronting an issue the
high court left unresolved in Thole: Whether DB plan participants can establish standing by alleging that a fiduciary breach has put their future benefits at increased risk." MORE >>
Mercer
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ERISA Plan Expenses: When Can the Plan Pay the Tab?
"Understanding what costs can be expensed to the plan -- and which expenses should come out of the employer's piggy bank -- can be complex. This article provides a guide to assess whether expenses can be paid with plan assets and key considerations for plan fiduciaries about
the use of plan assets for expenses." MORE >>
Foley & Lardner LLP
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Alternative Retirement Plan Investments: A Checklist
"Fiduciary duties still attach to decisions to add nontraditional investment alternatives to a plan's investment menus.... [P]lan sponsors must thoroughly evaluate alternative investments and any funds that invest in them.... [This article provides] a non-exhaustive list of
questions fiduciaries may wish to consider before selecting any alternative investment." MORE >>
Carlton Fields
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Plan Sponsors Consider CITs for Private Market Exposure
"[I]ndustry participants want to add alternative strategies to DC plans, but not on plan menus for participants to select. Rather, plan sponsors want to add them into professionally managed accounts including target-date funds (TDFs) or CITs." MORE >>
401(k) Specialist
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The 40-Year Retirement: Balancing Dreams and Dollars (PDF)
24 pages. "How do we -- plan sponsors, financial professionals, and retirement plan providers -- motivate today's multigenerational workforce to plan and save for a 40-year retirement when almost half (44%) are unhappy with their current financial
situation? ... [The authors] identified aha moments that can spark participants to take action, starting with lessons learned from current retirees.... By weaving their real life experiences, wisdom, and insight into our participant communications, we can help workers build the financial resilience needed for a rewarding retirement, whether it starts at age 55 or 75." MORE >>
John Hancock
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[Opinion]
In-Plan Annuities: Meeting the Demand for Guaranteed Retirement Income (PDF)
"[T]here is a clear and growing demand among employees for guaranteed lifetime income through in-plan annuities. Yet, despite this interest, market adoption remains sluggish. Why are new entrants struggling to gain traction?" MORE >>
Alvarez & Marsal
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[Opinion]
Contemplating the Future of Private Markets and Retirement
"[A recent event] brought together leading experts to explore the legal, operational, and policy considerations relevant to expanding private market assets access for retail investors through DC plans.... Panelists at the event agreed that there is an opportunity for private
market assets to improve retirement outcomes for DC plan investors." MORE >>
Investment Company Institute [ICI]
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[Opinion]
Why 401(k) Consultants Should Be Included as Defendants in ERISA Litigation
"Today, with the explosion of CITs, Target Date Funds, and revenue-sharing through trust structures, the case for including consultants as defendants has become overwhelming.... Consultants are parties-in-interest under ERISA -- making their compensation a prohibited
transaction.... The new era of consultant conflicts: CITs, TDFs & hidden compensation.... Consultants have already paid millions in ERISA settlements -- and more cases are coming.... Litigation theory: how to plead consultant liability." MORE >>
The Commonsense 401(k) Project
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Executive Compensation and Nonqualified Plans |
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2025 Year-End Planning Issues for Nonqualified Retirement Plans
"IRS just released the 2026 contribution limits for qualified retirement plans. Knowing those limits, which are adjusted annually for inflation, is crucial to decision-making about nonqualified deferrals for the many employees and executives who are eligible to participate in
company NQDC plans.... You may have an extra incentive to defer taxable income if you believe you will be in a higher income-tax bracket in 2026 than you are in 2025 ... While the income-tax rates for most taxpayers with MAGI of over $500,000 are 35% and 37% (the top two brackets), the SALT deduction phaseout can push your actual marginal tax rate to almost 46%." MORE >>
Bruce Brumberg, in Forbes; subscription may be required
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Employee Benefits Jobs
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Selected New Discussions |
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Mandatory Cash Out Deadline
"Does anyone have a citation for the deadline to make an involuntary cash out of an account less than 7,000, other than that it has to happen after the participant was terminated? Not seeing any deadline requirements, wondering if a plan sponsor can theoretically let an account
atrophy until it is eligible for cash out."
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Press Releases |
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Pyx Health Unveils Continuous Activation Platform to Support Vulnerable Groups Impacted by the OBBBA
Pyx Health
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Last Issue's Most Popular Items |
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The Tricky Still-Working Exception: After Death
Slott Report
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Lawsuit Alleges Unexplained 401(k) Losses in Recordkeeper Switch
PLANSPONSOR; registration may be required
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Fidelity Unit Warns of 'Massive Outages Across Major Fidelity Platforms,' in New Lawsuit
RIABiz
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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