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Retirement Plans Newsletter

November 25, 2025

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[Official Guidance]

Text of IRS Notice 2025-73: Weighted Average Interest Rates, Yield Curves, and Segment Rates for October 2025 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

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Sponsored by Enterprise Iron

[Official Guidance]

Draft of Instructions for 2025 IRS Form 5329: Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts (PDF)

11 pages Nov. 19, 2025. "Use Form 5329 to report additional taxes on: IRAs, Other qualified retirement plans, Modified endowment contracts, Coverdell ESAs, QTPs, Archer MSAs, HSAs, or ABLE accounts."  MORE >>

Internal Revenue Service [IRS]

DOL Moves to Drop Defense of Fiduciary Rule

"[The DOL] has filed a motion withdrawing its appeal of court challenges to the so-called fiduciary rule issued during the Biden administration. The motion to dismiss the appeal ... indicated that the other parties do not oppose the motion." [FACC. v. DOL, No. 24-0163 (E.D. Tex. Jul. 25, 2024; on appeal to 5th Cir. No. 24-40637; unopposed motion to dismiss filed Nov. 24, 2025)]  MORE >>

American Retirement Association [ARA]

Law Firms Cash in as Private Equity Giants Target 401(k) Market

"Law firms that have long advised private equity giants on mergers and acquisitions -- and often bill more than $1,000 an hour for their services -- are joining the industry's latest treasure hunt: prying open America's 401(k)s.... All told, nearly $13 trillion is sitting in 401(k) accounts and other defined-contribution retirement plans. Tapping into that trove could help plug gaps left by deep-pocketed pensions and endowments."  MORE >>

WealthManagement.com

40.6M Full-Time U.S. Workers Lack Access to a Retirement Plan

"New data from the Census Bureau's Survey of Income and Program Participation show that 42% of Americans ages 18 and 65 who worked full-time in the private sector did not have access to retirement plans in 2024 ... Of all full-time, private-sector workers -- regardless of their plan access -- 44.1% did not participate, and 50.5% did not receive an employer match last year.... Among all part-time workers across the data set, 79% lacked access, a total of 80.4% did not participate and of the whole group 83.2% did not receive an employer match."  MORE >>

PLANSPONSOR; registration may be required

Navigating Pension Funding Risks: What Plan Sponsors Should Be Considering for 2026

"After a few volatile years in rates, markets and inflation expectations, corporate pension plan sponsors are once again evaluating how funded status, investment strategy and risk management all fit together.... Review your funding position while rates remain high.... Evaluate lump sum or annuity opportunities early.... Align your investment strategy with your long-term goals."  MORE >>

Gallagher

Public Pension Funding Index, November 2025

"The estimated funded status of the 100 largest U.S. public pension plans increased from 85.4% as of September 30, 2025, to 86.3% as of October 31, 2025 ... This surpasses the highest funded ratio previously recorded [by Milliman] -- 85.5%, set on December 31, 2021 -- and marks the seventh straight month of funding improvement, the longest run of good news since the 2016 inception of the PPFI."  MORE >>

Milliman

Benefits in General

[Official Guidance]

Draft of 2026 IRS Publication 15-A: Employer's Supplemental Tax Guide (PDF)

29 pages; Nov. 24, 2025. "What's New: [1] Social security and Medicare taxes for 2025.... [2] Moving expense reimbursements.... [3] Employer contributions to Trump accounts."  MORE >>

Internal Revenue Service [IRS]

District Court Confirms Only Named Plan Administrator May Face § 1132(c) Penalties

"The court reaffirmed the Tenth Circuit's strict interpretation of Section 1132(c), holding that only the designated plan administrator -- as named in the governing plan documents -- can be subject to penalties. Because the complaint identified Union Pacific officers as the plan administrators, and MetLife acted only as a claims administrator and alleged agent, the court dismissed the Section 1132(c) claim against MetLife." [Mayor v. Metro. Life Ins. Co., itself & as administrator of Union Pac. Corp. Nonagreement Life Ins. Plan 0149653, No. 25-0012 (D. Utah Nov. 21, 2025)]  MORE >>

Roberts Disability Law

Selected New Discussions

California 'Stay or Pay' Rule and Taxation of Delayed Signing Bonuses

"The California 'stay or pay' rule effective January 1, 2026 will in general prohibit clawbacks when an employee leaves employment. However, under limited circumstances, the rule does not apply to a signing bonus. Among the conditions for it not applying is that the employee must have the option to delay the signing bonus until the end of the retention period.

"Has anyone thought about the taxation of the signing bonus if it is deferred? Presumably, if it is considered 'made available,' it would be taxed immediately upon hire, even if the employee elected to defer it until the end of the retention period. And a signing bonus that is actually paid is taxed upon payment, even if it has to be returned if the employee doesn't stay until the end of the retention period, so presumably the same rule would apply to a bonus that is made available.

"In the 409A context, presumably in order to avoid this issue, a deferral is recognized only if it is made within the first 30 days, and only if it relates to compensation earned after the election. But a signing bonus is earned upon signing, so that wouldn't work here. Any thoughts?"

BenefitsLink® Message Boards

Technical Amendment Due to Mistake at Plan Setup

"We are taking over a client whose TPA messed up the original plan setup and didn't put in the correct provisions for certain things (particularly Normal Retirement Age & Vesting Schedule). The question is, how far back can we go to correct these things (the plan is roughly 2 years old, the client just didn't notice the error until now)? Or can we not do them retroactively and just have to do it moving forward?"

BenefitsLink® Message Boards

Press Releases

2020-2024 Individual Payout Annuity Study: Data Request

Society of Actuaries

Last Issue's Most Popular Items

2026 U.S. Retirement Plan Compliance Calendars

Mercer

Second Circuit Affirms Dismissal of Fiduciary Breach Claims Over Multiemployer Plan's Investment Strategy

Roberts Disability Law

Year-End Checklist for Your Retirement Plan

OneDigital

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

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