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Retirement Plans Newsletter
December 5, 2025
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💼 2 New Job Opportunities
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[Guidance Overview]
How the New Maximum Dollar Limits for Tax Year 2026 Interact When an Employer Sponsors Multiple Retirement Plans
"This article is intended to explain how the updated maximum dollar limits work across multiple defined contribution retirement plans. In addition to contribution limits, the IRS recently updated the 401(a)(17) compensation limit ($360,000 for 2026)." MORE >>
Ice Miller LLP
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[Guidance Overview]
The Rise of Lifetime Income Options
"[Advisory Opinion
2025-04A provides that] a lifetime income product could qualify as a QDIA if it satisfies the transferability requirements and other provisions of the regulation.... [T]he DOL outlines the two safe harbors available to fiduciaries when selecting annuity providers for defined contribution plans ... [If] a fiduciary complies with the requirement
of one of these safe harbors in selecting (and monitoring) the insurers selected to provide lifetime income options, it will satisfy its fiduciary obligations under ERISA." MORE >>
Carlton Fields
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Process Prevails Over Perfection in 401(k) Plan Investment Fiduciary Breach Suit (PDF)
"This court's determination that offering an actively managed fund instead of a low-cost index fund is not an automatic breach of the duty of prudence reiterates the idea that fair and accurate comparison is required for investment option challenges, and the goal is not
perfection, but establishing and following a process to reach prudent and reasonable investment decisions. The ruling also acknowledges that a fiduciary's duties regarding investments may be fulfilled even absent an investment policy statement[.]" [Iannone v. AutoZone, Inc.,
No. 19-2779 (W.D. Tenn. Sep. 30, 2025)] MORE >>
Thomson Reuters / EBIA
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Proposal Would Make PLESAs More Appealing
"[T]he Emergency Savings Enhancement Act would double the maximum account limit of pension-linked emergency savings accounts
(PLESA) to $5,000 and would reduce their administrative burden. PLESAs, sometimes called side-car accounts, were created by the SECURE 2.0 Act. Setting the limit higher than $2,500 for PLESA balances was debated during the SECURE 2.0 negotiations." MORE >>
Plan Sponsor Council of America [PSCA]
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Private Investments Bring New Complexity to DC Plans
"With regulatory barriers to private investments in 401(k) plans being lowered, advisors are beginning to gauge risks and plot paths to navigate the complexities, fee structures and potential fiduciary liabilities before moving down that road." MORE >>
401(k) Specialist
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IRIC Forecasts Retirement Income Adoption for 2026
"[T]he IRIC predicts that retirement industry professionals, including consultants and advisors, will incorporate standardized fiduciary evaluation frameworks to simplify adoption and help sponsors assess and compare options.... The IRIC also forecasts improvements in the
participant experience with new interactions and transactions for in-plan retirement income options." MORE >>
401(k) Specialist
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Draft Guidelines Could Shape States' Efforts to Regulate Annuity Sellers
"The Life Insurance and Annuities Committee, an arm of the [NAIC], plans to consider adoption of an Annuity Best Interest
Regulatory Guidance and Considerations document [on December 9] ... Some state regulators want the guidance to help states ensure that annuity sellers treat clients well. Groups for annuity issuers and sellers want the guidance to reduce the odds that annuity sellers will have to cope with state and federal regulation at the same time." MORE >>
ThinkAdvisor
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Where Are Households Spending Their Defined Contribution Plan Loans: An Examination of Private-Sector Participants (PDF)
"Among those with a new 401(k) plan loan, health care spending was the most likely to have increased, as 47.6 percent of households where a participant took a loan saw their spending on health care increase by more than 10 percent in the year they took the loan. This was
followed by travel (21.7 percent), entertainment (20.2 percent), and non-specified cash spending (20.0 percent)." MORE >>
Employee Benefit Research Institute [EBRI]
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
ISS Publishes 2026 Benchmark Policy Changes
"Institutional Shareholder Services (ISS) has released its benchmark voting policy updates for 2026, with notable shifts in board accountability for capital structures and responsiveness, executive compensation assessments, evaluation of equity plans, and ISS's approach to
key environmental and social shareholder proposal topics. The updated policies will generally apply to shareholder meetings taking place after February 1, 2026." MORE >>
Fenwick & West LLP
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Employee Benefits Jobs
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Selected New Discussions |
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Wrong Definition of Compensation Used to Calculate Deferrals in Multiple Employer Plan
"Background: - 403(b)(9) non-electing church plan
- Multiple employer plan
- The plan (not the 700 individual participating employers) sets the definition of compensation when it comes to calculating contributions based on a percentage.
- This
one employer used the wrong definition of comp and consequently shorted deferral contributions for the employee since 2021 (yikes)
I am unsure what correction method is appropriate and didn't find anything specific in Rev. Proc. 2021-30. I also read a page on the IRS
website that states the plan can amend the definition of compensation, but that does not seem reasonable with a multiple employer plan where there is one definition for all employers to follow. How does the employer fix this? Can the employer provide an employer contribution for 50% of missed deferral portion? Is there something clear cut I am missing?"
BenefitsLink® Message Boards
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ASG: Are Schools/Day Cares Service Organizations?
"If a company is in the business of offering early childhood education (infant to pre-K), kindergarten, before and after school programs, and summer programs do you think that constitutes a service organization? I've reviewed the Who's the Employer's ASG chapter and
conducted supplementary research, but I can't find anything on-point. I know educational services do not count as consulting, so that avenue is closed. I lean towards concluding that the school is a service organization because the material income producing part of their business is the teachers' services, rather than capital. But I could be persuaded the other way too."
BenefitsLink® Message Boards
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Press Releases |
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401GO Strengthens Advisor Workflow with Catapult Integration
401GO
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Year-End Planning Resources At myStockOptions.com Help Employees With Stock Compensation After 2025 Tax Law
myStockOptions.com
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Mandatory Roth and Optional Super Catch-Up Contributions
PODCAST
Troutman Pepper Locke
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Future-Proofing Retirement: Technology, Longevity, and Actuarial Solutions
December 15, 2025 WEBINAR
Society of Actuaries
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2025's Ask A Benefits Attorney
December 17, 2025 WEBINAR
Miller Johnson
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Last Issue's Most Popular Items |
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Text of IRS Notice 2025-60: 2025 Required Amendments List for Qualified and Section 403(b) Plans (PDF)
Internal Revenue Service [IRS]
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2025 End-of-Year Plan Sponsor 'To Do' List: Qualified Retirement Plans
Snell & Wilmer
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CRS Report: Contributions to Individual Retirement Accounts (IRAs)
Congressional Research Service [CRS]
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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