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Retirement Plans Newsletter

December 2, 2025

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💼  3 New Job Opportunities

 

[Official Guidance]

Draft of Instructions for IRS Form 5310-A: Notice of Plan Merger or Consolidation, Spinoff, or Transfer of Plan Assets or Liabilities; Notice of Qualified Separate Lines of Business (PDF)

Rev. Dec. 2025. "Form 5310-A is used by employers to give notice of: [1] A plan merger or consolidation that is the combining of two or more plans into a single plan. [2] A plan spinoff that is the splitting of a single plan into two or more spinoff plans. [3] A plan transfer of plan assets or liabilities to another plan that is the splitting off of a portion of the assets or liabilities of the transferor plan and the concurrent acquisition or assumption of these split-off assets or liabilities by the transferee plan. [4] Qualified separate lines of business (QSLOBs).... An IRS determination letter will not be issued when a Form 5310-A is filed."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Turning Plan Document Review into Actionable Insights - Now Including DB Plans

PlanPort revolutionizes how advisors, recordkeepers, and TPAs use retirement plan documents across their business operations –- delivering efficiency, accuracy, review, and automation like never before. Now supporting 403(b), 457(b) and DB plans!

Sponsored by PlanDataAI LLC

[Guidance Overview]

Exceptional Usefulness and Quality icon Bad Tips for 401(k)s?

"Normally, making 401(k) deferrals on a pre-tax basis provides a tax advantage to an employee ... However, in the case of a tipped employee, it may actually create a tax disadvantage, because it converts otherwise tax-free income into taxable income.... Employee education is obviously going to be critical.... [U]nless there is a very generous match, it may be hard to get low-paid tipped workers to see a reason to make contributions that do not produce an immediate tax benefit. Employers may wish to consider making safe harbor nonelective contributions to the plan."  MORE >>

Carol V. Calhoun

[Guidance Overview]

Did Your 401(k) Plan Meet the Discretionary Contribution Notice Requirements?

"For plan sponsors with a pre-approved 401(k) plan document that contains a discretionary matching contribution, there is a new compliance requirement.... [A] plan must include a clear, predetermined formula for how contributions will be allocated. To meet the new requirement, pre-approved plan documents with discretionary matching contributions must contain the required complaint language and meet two notice requirements."  MORE >>

Bricker Graydon

[Guidance Overview]

IRS Issues Favorable Letter Ruling Regarding 401(h) Accounts

"An employer requested a PLR that a 401(h) account can pay for the medical benefits of retirees whose pension benefits have been annuitized in a 'lift out' under the employer's two pension plans. The PLR concludes that the payment of medical benefits from the 401(h) accounts for annuitized retirees does not violate Code section 401(h) or the Code section 401(h) regulations or otherwise jeopardize the tax-qualified status of the pension plans under Code section 401(a)."  MORE >>

Groom Law Group

Fifth Circuit Accepts DOL Motion to Dismiss Fiduciary Rule Appeal

"In a move that wasn't unexpected, the U.S. Court of Appeals for the Fifth Circuit granted the [DOL's] motion to withdraw its appeal of a court challenge(s) to the so-called fiduciary rule issued during the Biden administration." [FACC. v. DOL, No. 24-0163 (E.D. Tex. Jul. 25, 2024; on appeal to 5th Cir. No. 24-40637; motion to dismiss granted Nov. 28, 2025)]  MORE >>

Plan Sponsor Council of America [PSCA]

House HELP Subcommittee Hearing: Pension Predators: Stopping Class Action Abuse Against Workers’ Retirement

Video of December 2 hearing, with opening statement by Rep. Rick Allen (R-GA) and witness testimony from [1] Mr. Andrew Salek-Raham, Groom Law Group; [2] Ms. Lynn Dudley, American Benefits Council; [3] Mr. William Alvarado Rivera, AARP Foundations; and [4] Mr. Glenn Butash, The ERISA Industry Committee.  MORE >>

Subcommittee on Health, employment, Labor and Pensions [HELP], Committee on Education and the Workforce, U.S. House of Representatives

Federal Employee TSP Roth Conversion Option to Launch in January

"[E]ligible participants with at least $500 in vested funds will be able to convert any portion of their traditional TSP balance into Roth savings through their online account portal. Spousal beneficiaries will also qualify. Participants can request up to 26 conversions per account each year, specified in specific dollar amounts or percentages."  MORE >>

PLANSPONSOR; registration may be required

Case Study: Untangling Complexity in a Large Plan

"The organization offered both a legacy 401(a)-pension plan and a voluntary 403(b) plan with no employer match, which created confusion among employees and potential new hires and duplicated plan expenses ... The employee plan had struggled to modernize, as the 403(b) plan was rarely utilized by workers.... [Corebridge] embarked on an 18-month journey in June of 2022, developing and instituting a strategy to enhance and transform the plan with the goal of simplifying the structure, increasing matching contributions, and creating purposeful communications. "  MORE >>

401(k) Specialist

In-Plan Annuities: Meeting the Demand for Guaranteed Retirement Income (PDF)

"In a recent survey of retirement plan participants aged 40 -- 60, a top concern emerged: the fear of outliving retirement savings. This anxiety received an average rating of 4.29 out of 5 ... Despite this overwhelming interest, only 3% of participants had heard of in-plan annuities -- a product specifically designed to meet this need. This gap between consumer desire and product awareness signals a significant market opportunity."  MORE >>

Alvarez & Marsal

Pension Finance Update, November 2025

"Pension finances suffered a modest setback in November, the first negative month since March. Both model plans ... lost ground last month: traditional Plan A lost almost 1%, ending the month up 6% for the year, while the more conservative Plan B lost a fraction of 1% last month but remains up more than 1% through the first eleven months of 2025."  MORE >>

October Three Consulting

U.S. Corporate Pension Plans Funding Status, November 2025

"The aggregate funded ratio for U.S. corporate pension plans is estimated to have increased by 0.3 percentage points in November, ending the month at 103.7% ... The aggregate funded ratio is estimated to have increased by 5.9% and 0.5% year-to-date and over the trailing twelve months, respectively."  MORE >>

Wilshire Associates

[Opinion]

Amicus Brief from Employer Organizations to Eighth Circuit in Wells Fargo Forfeiture Case (PDF)

38 pages. "Plaintiff invites this Court to disrupt the long-standing consensus regarding the use of forfeitures. His theory is that forfeitures may not be used as employer contributions, notwithstanding that Wells Fargo's Plan documents expressly authorize just that. He offers no valid basis for ... contradicting the Treasury Department's position by adopting this novel approach.... The Court should reject Plaintiff's efforts to require employers to offer purported benefits ... that have no basis in the text of ERISA or the Plan documents." [Matula v. Wells Fargo & Co., No. 24-3703 [D. Minn. Jun. 18, 2025; on appeal to 8th Cir. No. 25-2441)]  MORE >>

The ERISA Industry Committee [ERIC], Chamber of Commerce of the U.S., and National Retail Federation

Benefits in General

[Guidance Overview]

2025 Year-End Compliance Checklist: Key Action Items for Your Benefits and Compensation Plans

"[1] General year-end action items ... [2] Retirement plan operational compliance (SECURE 2.0 deadlines).... Prepare for mandatory Roth catch-up implementation.... Address plan forfeiture balances.... Finalize tax-exempt 457(b) plan amendments.... Review and amend plan documents for discretionary changes.... Encourage participant data review.... [3] Health and welfare plan action items.... Evaluate the impact of the one big beautiful bill act (OBBBA) on plan design.... Strengthen group health plan fiduciary and cybersecurity practices."   MORE >>

Husch Blackwell

Duress: When a Waiver and Release of ERISA Claims May Be Invalid (PDF)

"Pursuant to ERISA Section 515, duress is among the defenses that cannot be used as a defense in an action by trust funds to collect delinquent contributions. A claim for economic duress may be preempted by ERISA. A violation of ERISA's claims procedures rule could constitute duress.... While duress can be alleged with respect to a designation of beneficiary or with respect to an agreement to arbitrate, or a forum selection clause, it arises most frequently in the employee benefits context in connection with the validity of releases."  MORE >>

The Wagner Law Group in Benefits Law Journal

Executive Compensation and Nonqualified Plans

Advisors’ Concerns About Market Valuations Affecting Option Strategies

"Widespread fears about a stock-price bubble surrounding the AI boom, and a potential market correction, have raised worries for employees with equity compensation. Employee stock options are especially vulnerable ... Concerns about stock markets and investing bubbles can be managed by a carefully developed long-term financial plan for equity compensation and company shares[.]"  MORE >>

Bruce Brumberg in Forbes; subscription may be required

Employee Benefits Jobs

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Implementation Specialist

Nova 401(k) Associates

Remote

View job as Implementation Specialist for Nova 401(k) Associates

💼

Client Service Specialist

EPIC RPS

Remote / Norwich NY

View job as Client Service Specialist for EPIC RPS

💼

Retirement Plan Consultant

TPA Experts

Remote

View job as Retirement Plan Consultant for TPA Experts

Press Releases

ASC and PenChecks Partner to Simplify Rollover Integration

ASC

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

Case Study: Specific Considerations Raised by Different Types of Plan Investors

ON-DEMAND WEBINAR

PLI [Practising Law Institute]

Last Issue's Most Popular Items

Navigating Deemed Roth Catch-Up Elections: A Practical Guide

Trucker Huss

Complying with the Required Minimum Distribution Rules When Participants Are Unresponsive or Uncooperative

Trucker Huss

What Is an SAR, and When Must It Be Provided? (PDF)

Thomson Reuters / EBIA

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

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