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Retirement Plans Newsletter

November 26, 2025

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[Official Guidance]

Text of IRS Notice 2025-74: Weighted Average Interest Rates, Yield Curves, and Segment Rates for November 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]

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[Guidance Overview]

The Never-Ending Story of the Amended Fiduciary Rule May Finally Have Ended, But Its Impacts Live On

"[T]he 'best interest' regulation of the [SEC] draws significantly from the now-defunct Amended Fiduciary Rule; various states have pursued and may continue to pursue best-interest initiatives regarding the conduct of financial-services organizations; and the market for investment services may have shifted in some quarters to a more fiduciary-based model ... [We] do not know for sure whether the DOL will attempt to tweak the existing 1975 fiduciary rule or what will happen under future administrations."  MORE >>

The Wagner Law Group

[Guidance Overview]

Exceptional Usefulness and Quality icon SECURE 2.0: Automatic Enrollment Mandate

"Who can and who must be auto enrolled? ... Default deferrals ... Automatic increases ... Affirmative election ... Notice requirements ... Plan mergers and spin-offs and mandatory automatic enrollment ... MEPs and PEPs ... Behavioral finance."  MORE >>

Belfint Lyons Shuman

[Guidance Overview]

Exceptional Usefulness and Quality icon Preparing for the Roth Catch-Up Contribution Mandate, Part 4: To Deem or Not to Deem

"The deemed Roth catch-up election offers important advantages over an affirmative election approach.... However, there may be challenges to implementing the deemed Roth catch-up election. Monitoring the IRC section 402(g) limit on a pre-tax only basis for Roth catch-up participants is beneficial in that the effective opportunity may be easier to administer. However, most payroll systems only track the IRC section 402(g) limit on a combined pre-tax and Roth basis. So separately tracking the amount of pre-tax contributions may not be available or may only be feasible after making significant payroll programming changes."  MORE >>

WTW

Second Circuit Confirms Dismissal of Lawsuit Against New York Teamsters’ Pension

"Though the 2nd Circuit found that the plaintiffs had standing to sue and acknowledged that private assets had more risk, it also determined that the investment did not breach fiduciary duty under [ERISA]." [Carlisle v. The Board of Trustees of The American Federation of The New York State Teamsters Conference Pension and Retirement Fund, No. 25-0511 (2d Cir. Nov. 21, 2025)]  MORE >>

PLANADVISER

Should Auto-Enrollment Be Mandatory?

"Among plan sponsors, over 70% agreed or strongly agreed with making automatic enrollment mandatory ... Sponsors cited increased participation and improved retirement readiness as key benefits. In contrast, 66% of respondents at ASPPA Annual disagreed or strongly disagreed with a mandate, and only 26% were in favor. Mainly service providers, they voiced concerns about administrative complexity, increased costs, and small accounts in high-turnover industries."  MORE >>

Plan Sponsor Council of America [PSCA]

SSA OIG Semiannual Report to Congress, April 1-September 30, 2025 (PDF)

57 pages. "During this reporting period, OIG issued 31 audit reports, which included 9 reports that identified, in total, nearly $287 million in questioned costs and more than $819 million in funds put to better use.... During this reporting period, OIG's investigative efforts resulted in 332 indictments/criminal informations and 266 convictions and produced more than $194 million in monetary accomplishments, which includes court-ordered restitutions, recoveries, settlements, judgments, and estimated savings to SSA."  MORE >>

Office of the Inspector General [OIG], U.S. Social Security Administration [SSA]

House to Examine 'Pension Predators' as ERISA Pleading-Standards Bill Unveiled

"the ERISA Litigation Reform Act (HR 6084) ... would strengthen the pleading standards for lawsuits brought under [ERISA]. The bill seeks to ensure that retirement plan fiduciaries, employers, and participants 'operate under a more predictable, fair, and efficient legal framework,' according to a release by Rep. Fine's office."  MORE >>

American Retirement Association [ARA]

The Current Environment for Pension Risk Transfer: A Roundtable Conversation (PDF)

15 pages. "The PRT market has seen robust growth, with $51.8 billion in premiums and over 750 transactions in 2024. The Society of Actuaries Research Institute convened a roundtable with stakeholders from insurers, reinsurers, consulting firms, and regulatory bodies to discuss the current landscape and future outlook."  MORE >>

Society of Actuaries

Does Index Addition Influence Define Benefit Pension Risk-Shifting?

"This paper investigates whether external capital market visibility influences corporate defined-benefit (DB) pension risk-shifting.... [F]irms added to the index tend to adopt more aggressive actuarial assumptions, lower contribution rates, and allocate a higher proportion of pension assets to equities. In contrast, firms removed from the index pursue more conservative strategies.... [The] results reveal that capital market visibility acts as an external force shaping actuarial and funding decisions in DB pension plans[.]"  MORE >>

Cheng-Few Lee, Juichia Lin, Run-Chuan Qin, and Min-Teh Yu via SSRN

Older Investors, Wider Bets: How Retirement Portfolios Change with Age

"Although most [investors over the age of 50] prefer a 60% to 80% equity allocation, 10% prefer to avoid equities altogether, 5% prefer an all-equity allocation, and others fall somewhere in between. In contrast, most younger investors, those aged between 20 and 34, prefer high-equity exposure, typically over 80% -- which aligns with life-cycle investing.... Between 2019 and 2024, only 26% of older investors left their equity allocation unchanged, compared to 46% of younger investors."  MORE >>

InsuranceNewsNet.com

[Opinion]

Employer Groups File Amicus Briefs in Two Major Cases Impacting Large Employer Pension Plans

"The first case represents a challenge to the practice of 'pension risk transfers.' The second case involves a challenge to the use of 'forfeitures' in 401(k) plans." [Spohn v. International Business Machines Corporation (IBM), No. 25-12475 (D. Mass. complaint filed Sep. 5, 2025; amicus brief filed Nov. 24, 2025); Wright v. JPMorgan Chase & Co., No. 25-0525 (C.D. Calif. Jun. 13, 2025, on appeal to 9th Cir. No. 25-4235; amicus brief filed Nov. 24, 2025)]   MORE >>

The ERISA Industry Committee [ERIC]

Benefits in General

[Guidance Overview]

Year-End Deadlines and Dates for Employee Benefit Plans

"401(k), 403(b), 457(b) plans: Automatic Roth designation for catch-up eligible participants earning over $150,000 (as adjusted for inflation) ... Group health plans: gag clause attestation."  MORE >>

Venable LLP

[Guidance Overview]

Year End Reminder: Verify ERISA Bonding Compliance

"Health, retirement and other employee benefit plan fiduciaries, sponsors and service providers should confirm and document that all plan fiduciaries, service providers and other plan workforce members are properly bonded to protect the plan against fraud and dishonesty, as well as avoid incurring liability for breaching the fiduciary responsibility requirements of [ERISA]."  MORE >>

Solutions Law Press

How AI Can Be Used in Employee Benefits

"AI can improve benefits communication by translating and simplifying content ... AI can use a combination of plan data and member input to help members choose health plans ... AI can help benefit plans become more targeted in meeting a plan member's needs ... Plan sponsors can use AI to gain better oversight of their plans ... AI's ability to sift through large amounts of data quickly is an important tool for detecting fraud, waste and abuse ... AI without appropriate oversight becomes a liability factor[.]"  MORE >>

International Foundation of Employee Benefit Plans [IFEBP]

Prepping for Sale: Getting Your Employment and Benefits House in Order

"This post highlights key employment and benefits considerations to address in preparation for a sale, offering practical insights to help sellers and company management navigate the sale with confidence and efficiency. Taking these preliminary steps and anticipating buyer diligence questions can help companies present a well-managed organization, streamline the diligence process, and accelerate deal execution."  MORE >>

Mintz

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Selected New Discussions

Prior Year Testing for First Plan Test After Change from Safe Harbor to Discretionary Match

"Safe harbor 401k plan has a prior inactive discretionary match. For 2026 they are removing the safe harbor match and reinstating the discretionary match. Can the plan document use prior year testing under the first plan year method in order to assume 3% for NHCE's for purposes of the ACP test? I was thinking no since there has previously been a discretionary match and adding it back does create a first plan year."

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Case Study: Manager-Side Plan Investment Issues in 2025

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2025 Current Issues in Plan Investments: Plan-Side Issues

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PLI [Practising Law Institute]

Last Issue's Most Popular Items

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

Internal Revenue Service [IRS]

DOL Moves to Drop Defense of Fiduciary Rule

American Retirement Association [ARA]

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

Internal Revenue Service [IRS]

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

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