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Retirement Plans Newsletter
December 10, 2025
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💼 2 New Job Opportunities
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How Plan Sponsors Can Prepare for Forfeiture Lawsuits
"[Attorney Jamie Fleckner] recommends that fiduciaries make sure the plan document is 'consistent with what company and fiduciaries are looking for.' Fiduciaries should look holistically at the document, and 'if you want to offset, either mandate that or allow
that.' ... [Attorney David Levine] makes a similar recommendation. Sponsors should look at their documents and evaluate their process to see if the two align." MORE >>
Plan Sponsor Council of America [PSCA]
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[Sponsor]
Season's Savings on Benefits Education
Save 25% through the entire month of December! Enroll in any of the online courses and you’ll have instant access to interactive, self-paced online training. E-learning courses are the online training solution that fits into your busy schedule.
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![Sponsored by IFEBP [International Foundation of Employee Benefit Plans] Sponsored by IFEBP [International Foundation of Employee Benefit Plans]](https://benefitslink.com/bnrs/2025/ifebp-elearn-top.jpg)
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The Retirement Tax Reality Roth 401(k) Savers Overlook
"Many middle- and upper-income savers assume they will face a higher tax rate in retirement, but that might be less likely than they think. A taxpayer's effective tax rate is lower than their top marginal rate. Careful tax analysis -- not speculation -- should inform the
choice between making traditional and Roth contributions at work." MORE >>
ThinkAdvisor
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Checking Off RMDs on the Year-End To-Do List
"Taking no more than your RMD generally is advantageous because of tax-deferred compounding. But a larger distribution in a year your tax bracket is low may save tax. Be sure, however, to consider the lost future tax-deferred growth and, if applicable, whether the distribution
could: [1] cause Social Security payments to become taxable, [2] increase income-based Medicare premiums and prescription drug charges, or [3] reduce or eliminate the benefits of other tax breaks with income-based limits, such as the new $6,000 deduction for seniors." MORE >>
Legacy Professionals LLP
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Senate HELP Committee Hearing: The Future of Retirement
Committee on Health, Education, Labor and Pensions [HELP], U.S. Senate
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District Court Denies Oneida Indian Nation's Immunity Defense to ERISA Lawsuit
"Judge Glenn Suddaby of the U.S. District Court for the Northern District of New York in Syracuse declined a dismissal motion for governmental immunity by the Nation's hospitality and gaming company ... Suddaby's ruling on [ERISA] lawsuit, brought in
December 2024 by three former police officers, said he wouldn't dismiss the case against the company's benefits plan and investment committee, because the retirement plan also covers non-government casino employees who represent most of the plan participants." [Jones v.
Turning Stone Enterprises LLC, No. 24-1596 (N.D.N.Y. Dec. 9, 2025)] MORE >>
Law.com; login may be required
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Sens. Cassidy, Kaine Named IRI 2025 Champions of Retirement Security
"“Senator Cassidy and Senator Kaine embody the spirit and leadership of this award through their strong bipartisan commitment to advance policies to help more of America’s workers and retirees achieve a secure and dignified retirement,” said Wayne Chopus,
President and CEO at IRI. “It is our privilege to present them with IRI’s Federal Champion of Retirement Security Award.”" MORE >>
401(k) Specialist
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Employee Benefits Jobs
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Selected New Discussions |
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Processing Deferrals Before Payroll Date
"Found a r/k who posts deferral transactions before the check date. Basically, they process the contribution file when it comes in. For example, they processed the 5/9/25 payroll on 5/8/25. I didn't think they could/should do that, but they said it was ok. Do you
agree?"
BenefitsLink® Message Boards
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Hardship for Preventative Home 'Repair'
"A 401(k) participant requested a hardship under 1.401(k)-1(d)(3)(ii)(B)(6), relating to the 'repair' of the participant's principal residence, for costs associated with the removal of a tree that posed a danger of falling on the participant's residence
(but had not actually fallen yet). From a practical, policy perspective, I understand that it makes sense for the participant to take the tree down before it actually falls on the house. However, I don't think this would qualify as a casualty loss under 165, and therefore wouldn't qualify as a 'repair' eligible for hardship. (See, e.g., Rev. Rul. 76-134.) Do you all agree? Other thoughts? (As an aside, I realize that SECURE
2.0 permits self-certification, but in this case the participant volunteered the information, so the plan sponsor has actual knowledge.)"
BenefitsLink® Message Boards
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Is Any Big Recordkeeper Not Using a Roth Catch-Up Indicator?
"To help customers apply Section 414(v)(7)'s constraint that a higher-wage participant's age-based catch-up deferral must be Roth contributions, recordkeepers are asking an employer to deliver -- in January, following W-2 files -- a computer file that shows,
yes-or-no or on-or-off, whether a participant had in the preceding year Social Security wages more than $150,000. Everything I've heard so far suggests this is the mainstream method recordkeepers are doing. Is there any big recordkeeper not doing this?"
BenefitsLink® Message Boards
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Press Releases |
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WIPN Announces 2026 Board of Directors
WIPN
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WTW to Acquire Newfront, a Specialized Broker Combining Deep Expertise and Cutting-Edge Technology
WTW
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Human Interest Earns J.D. Power Certification for Outstanding Customer Service Experience for Phone Support
Human Interest
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ADP®'s New Save4Retirement Pooled Employer Plan Cuts Cost and Complexity
ADP
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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ERISA Moments Ep. 32: Headlines vs. Reality: Here’s What the Executive Order on Alternative Assets in DC Plans Actually Says
ON-DEMAND WEBINAR
Faegre Drinker
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Roth Employer Contributions: More Ways to Roth
March 27, 2026 WEBINAR
TRA [The Retirement Advantage]
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Last Issue's Most Popular Items |
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2025 Required Amendments List Includes SECURE Acts' RMD Changes
Mercer
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Fourth Circuit Confirms Discretion in QDRO Cost Allocation and Declines ERISA Penalties
Roberts Disability Law
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IRS Employee Plans News: Digital Form 15315, Annual Certification for Multiemployer Defined Benefit Plans
Internal Revenue Service [IRS]
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Copyright 2025 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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