"The deemed Roth catch-up election feature is an optional mechanism that can streamline compliance with the Roth Catch-up Rule for employers whose systems support automated contribution tracking and integrated participant communications.... However, for employers with decentralized payroll processes, complex workforce structures, or limited administrative bandwidth, adopting a deemed Roth feature may increase the potential for misclassifications, mid-year adjustments, or reporting errors."  MORE >>

"This article explores ... compliance challenges, outlines relevant agency guidance and provides practical strategies for managing risk when participants due to commence distributions from a plan are unresponsive or uncooperative, for whatever reasons."  MORE >>

"Plan Sponsors will need to make decisions on how to implement the Roth catch-up contributions in the plan document.... If the plan does not allow for Roth contributions, HPIs cannot make catch-up contributions ... [T]he plan must permit all eligible catch-up participants to make Roth catch-up deferrals, regardless of FICA wages."  MORE >>

"While not stated in the question, ... the DOL may have a concern about the use of investment advisers who are affiliated with the PPP and the ongoing duty of the PPP to monitor the 3(38). There is likely also be a concern where the 3(38) then selects proprietary investments for the PEP."  MORE >>

"[T]he New York State Department of Financial Services (NYDFS) issued an industry letter ... which clarifies covered entities' responsibilities when engaging third‑party service providers (TPSPs) that access information systems or nonpublic information (NPI). Although the guidance does not add new rules to the NYDFS Cybersecurity Regulations, it clarifies regulatory requirements with respect to TPSPs, provides suggestions for best practices, and may signal increased regulatory focus on third-party risk management."  MORE >>

"What is an annuity buy-in? What happens after you purchase an annuity buy-in contract? What are the benefits of a buy-in offer compared to liability-driven investing? What are the risks of utilizing a buy-in contract in a plan termination? What else should plan sponsors consider before executing a buy-in?"  MORE >>

"The timing of actuarial assumptions used to calculate withdrawal liabilities for employers exiting an underfunded multiemployer plan has prompted clashing opinions among trade organizations and consumer groups seeking to influence the Supreme Court ... The actuarial altercation, filed through multiple amicus briefs ... has provoked comments from competing coalitions, each warning the 'wrong' Supreme Court decision could have a dramatic impact on multiemployer plan management." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 22-7157 (D.C. Cir Feb. 9, 2024; cert. pet. granted Jun. 30, 2025 No. 23-1209)]  MORE >>

"Plaintiffs ... appear to assert that use of a general account guaranteed insurance contract for a plan this size is per se imprudent: ... Second, [they allege that] the Prudential/Empower GIF's crediting rates 'were/are well below what Defendants could have obtained for the Plan participants on the open market.' " [Lagafuaina v. Mitchell Int'l Inc., No. 25-3018 (S.D. Calif. complaint filed Nov. 6, 2025)]  MORE >>

"If enacted, HR 6084 would clarify the burden of proof in certain fiduciary-related claims and establish a targeted stay of discovery during the early stages of litigation. The targeted stay would bring ERISA more in line with established federal court practices designed to deter frivolous lawsuits"  MORE >>

"Many pension funds, endowments and sovereign wealth funds that are longstanding investors in private funds have seen the benefits of diversification and have also seen these investments contribute to their return profiles. Commissioner Uyeda's speech takes the position that retail investors should be able to share in this growth opportunity as well, but currently have limited opportunities for participation. Allowing retail investors to enter the private markets through 401(k) plans would significantly increase ease of access."  MORE >>

"By recognizing the behavioral barriers that truly drive hesitation, annuity advisors and other related professionals can reframe conversations, build confidence, and guide clients toward decisions that ultimately support their long-term financial goals and security."  MORE >>

"The DOL finally announced what many had suspected -- they would not pursue their defense of their Retirement Security Rule (Rule}. When one considers the strong litigation advantage the DOL seemingly held as a result of two prominent federal judges having issued two strong opinions supporting both the Rule itself and, more importantly, the process the DOL used in drafting the Rule, [The author strongly believes] the DOL's actions constitute a betrayal of American workers."  MORE >>

"A SAR is a summary annual report, and its purpose is to summarize for employees the information that appears in an ERISA plan's Form 5500. SARs are required each year for pension plans, including 401(k) plans, and for welfare plans unless an exemption applies.... The SAR must be furnished to participants covered under the plan and to other individuals who must be provided with summary plan descriptions (SPDs), such as COBRA qualified beneficiaries. SARs may be distributed by any method permissible for SPDs, including electronically."  MORE >>