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Retirement Plans Newsletter
December 12, 2025
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💼 New Job Opportunity Today
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[Official Guidance]
Text of IRS Rev. Rul. 2026-1: Covered Compensation Tables for the 2026 Plan Year (PDF)
"For purposes of determining covered compensation for the 2026 year, the taxable wage base is $184,500. ... [T]ables provide covered compensation for 2026." MORE >>
Internal Revenue Service [IRS]
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[Official Guidance]
Text of Executive Oder: Protecting American Investors from Foreign-Owned and Politically-Motivated Proxy Advisors
"[T]wo foreign-owned proxy advisors, Institutional Shareholder Services Inc. and Glass, Lewis & Co., LLC, play a significant role in shaping the policies and priorities of America's largest companies through the shareholder voting process.... The Chairman of the
[SEC] shall review all rules, regulations, guidance, bulletins, and memoranda relating to proxy advisors.... The Secretary of Labor shall, consistent with the APA, take steps to revise all regulations and guidance regarding the fiduciary status of individuals who manage, or, like proxy advisors, advise those who manage, the rights appurtenant to shares held by plans covered under [ERISA], including proxy votes and corporate engagement,
consistent with the policy of this order.... The Secretary of Labor shall take all appropriate action to strengthen the fiduciary standards of pension and retirement plans covered under ERISA. Such action shall include assessing whether proxy advisors act solely in the financial interests of plan participants and the extent to which any of their practices undermine the pecuniary value of the assets of ERISA plans." MORE >>
Executive Office of the President
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[Official Guidance]
Text of 2025 IRS Form W-4P with Instructions: Withholding Certificate for Periodic Pension or Annuity Payments (PDF)
"Complete Form W-4P to have payers withhold the correct amount of federal income tax from your periodic pension, annuity (including commercial annuities), profit-sharing and stock bonus plan, or IRA payments.... Don't use Form W-4P for a nonperiodic payment ...
or an eligible rollover distribution ... Instead, use Form W-4R, Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions, for these payments/distributions. " MORE >>
Internal Revenue Service [IRS]
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[Official Guidance]
Draft Instructions for 2025 IRS Form 8955-SSA: Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits (PDF)
Dec. 10, 2025. "Use Form 8955-SSA to report information relating to each participant who separated from service covered by the plan and is entitled to a deferred vested benefit under the plan but is not paid this retirement benefit.... The SSA no longer processes
nonstandard pages 2. Report information about separated participants only on page 2 of Form 8955-SSA. If additional space is needed for separated participants, use additional pages 2 only." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Roth Catch-up Mandate Compliance
"[T]he burden of requesting affirmative elections from all catch-up eligible participants will exceed the burden of sending a deemed election notice ... Assuming that service providers will take care of administering the Roth catch-up mandate will almost certainly land
employers in correction-land. ... Collaboration with payroll companies, bundled recordkeepers, and third-party administrators, as applicable, will be instrumental to the success of the Roth catch-up mandate administration." MORE >>
Belfint Lyons Shuman
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[Guidance Overview]
2025 Required Amendments List Addresses Required Minimum Distribution Changes (PDF)
"Many 401(k) plans likely need to be amended to reflect the RMD applicable age change. Whether a plan needs to be amended to reflect the changes to post-death distributions will depend on the terms of the plan -- some may already provide for distribution of a
participant's benefit earlier than required under this provision." MORE >>
Thomson Reuters / EBIA
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DOL and DOJ Take Steps to Support ERISA Fiduciary Defendants at the Supreme Court
"The [Solicitor General (SG)] asked the Court to review [two pending] cases and resolve them by adopting legal standards that are more favorable to ERISA plan fiduciaries. The SG's recommendation ... shows an increasing willingness by DOL to take action to help curb
abusive ERISA litigation targeting plan sponsors, which has driven up the costs of administering plans." [Johnson v. Parker-Hannifin Corp., No. 24-3014 (6th Cir. Nov. 20, 2024; cert. pet filed Mar. 26, 2025, No. 24-1030; DOL amicus brief filed Dec. 9, 2025); Pizarro v. Home Depot, No. 22-13643 (11th Cir. Aug. 2, 2024; cert. pet. filed Dec. 3, 2024; DOL amicus brief filed Dec. 9, 2025) ] MORE >>
Groom Law Group
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DOL Weighs in on Schlichter and ‘Meaningful Benchmark’
"The [DOL] is now backing fiduciaries in a case involving criteria for a 'meaningful' benchmark ... 'As Judge Murphy pointed out in dissent, the majority's reasoning departs from the consensus in other courts of appeals,' the [DOL] began. 'In the view of the United States, this Court should grant review and restore uniformity to ERISA pleading standards.' " [Johnson v. Parker-Hannifin Corp., No. 24-3014 (6th Cir. Nov. 20, 2024; cert. pet filed Mar. 26, 2025, No. 24-1030; DOL amicus brief filed Dec. 9, 2025)] MORE >>
American Retirement Association [ARA]
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DOL Eyes Amicus Filing While States, Industry Back Lockheed Martin in PRT Case
"A growing chorus of government and employer voices has lined up behind Lockheed Martin Corp. in its high-profile appeal backing the legality of a pension risk transfer challenged by retirees. The case ... could shape the future of the PRT market, which has continued to grow
in recent years." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025; on appeal to 4th Cir. No. 25-180)] MORE >>
PLANSPONSOR; registration may be required
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Why a Protected Benefits Analysis Is Necessary When Merging Retirement Plans
"[P]lan provisions and benefits that should be considered as part of the protected benefits analysis when merging from the old plan into the new merged plan: [1] Top paid group election for highly compensated employees ... [2] Vesting schedules ...
[3] Distribution events ... [4] Optional forms of benefit." MORE >>
Haynes Boone
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AI Adoption Reshapes Retirement Experience Rankings
"[S]trategic investments in AI-powered support, enhanced planning tools, and improved security features are helping providers differentiate their digital experiences." MORE >>
Corporate Insight
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House Approves Legislation to Allow CITs in 403(b) Plans
"The full House voted 302-123 to approve the Incentivizing New Ventures and Economic Strength Through Capital Formation Act of 2025 [HR 3383], which includes a provision to amend securities laws to allow 403(b) plans to invest in collective investment trusts (CITs), aligning them more closely with 401(k) plans." MORE >>
American Retirement Association [ARA]
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[Opinion]
How America's Largest Pension Consultants Became the Distribution Arm for Private Equity
"In 2025, the consulting industry has quietly transformed into the single most important distribution channel for private equity. This shift cuts across every ownership model ... [T]he economic incentives all point in the same direction: Push pensions and retirement plans
into higher-fee private equity and private credit -- regardless of long-term risk to beneficiaries." MORE >>
The Commonsense 401(k) Project
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[Opinion]
ICI Statement on Executive Order on Proxy Advisory Firms
"We look forward to working with the administration on reforms that strengthen the proxy voting system to better serve retail investors and support the health of US capital markets. A fair and efficient proxy process empowers millions of Americans to shape the long-term success
of their investments and the broader economy." MORE >>
Investment Company Institute [ICI]
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[Opinion]
DOL Applauds President Trump's Bold Directive to Reign in Politicization of Capital Markets by Proxy Services
"The department's Employee Benefits Security Administration [EBSA] ... will execute the President's goal of restoring order to financial markets, including retirement investing, by curbing politicized corporate voting patterns pushed by proxy advisory firms....
'I applaud the President's action to protect American investors by bringing transparency, competition, and accountability to the proxy services market,' said Secretary Chavez-DeRemer. 'This bold directive will benefit millions of American workers and retirees who have unknowingly had their investment decisions hijacked by foreign actors with misguided motivations." MORE >>
U.S. Department of Labor [DOL]
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Benefits in General |
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[Official Guidance]
IRS Disaster Relief Notice MN-2025-01, for Taxpayers Impacted by Severe Storms and Straight-Line Winds in Leech Lake Band of Ojibwe
"[I]ndividuals and businesses ... affected by severe storms and straight-line winds that began on June 21, 2025 ... now have until Feb.2, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that
reside or have a business on the Leech Lake Reservation in Minnesota qualify for tax relief." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
IRS Issues Initial Guidance Regarding Trump Accounts
"Employers may make contributions of up to $2,500 (subject to cost-of-living adjustments after 2027) per calendar year to the Trump account of an employee (or the employee's dependent) that will be excluded from the employee's gross income. An employer must make
contributions under a 'Trump account contribution program,' which is a separate written plan maintained by the employer for the exclusive benefits of its employees that meets requirements regarding discrimination, eligibility, notification, statements and benefits similar to the requirements of a dependent care assistance program under Section 129 of the Internal Revenue Code." MORE >>
Skadden
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[Guidance Overview]
Introduction to Trump Accounts
"Financial institutions that currently offer IRAs will want to consider whether they want to add this new account option. Although the rules are similar to IRAs, there are a number of nuanced differences that will require careful set-up.... Employers should consider whether they
want to add Trump Account contributions to their employee benefit line-up. Employers who do so will need to establish a Section 128(c) Trump Account contribution program." MORE >>
Vorys
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[Guidance Overview]
Preview of Expected Guidance for Employers on 'Trump Accounts' and Upcoming Regs Announced
"Employers who wish to make contributions to Trump Accounts starting next year will be required to establish a separate written plan (and, if applicable, may be required update its Code Section 125 cafeteria plan document to enable employee pre-tax contributions). Employers
may also consider other steps that may be required to operationalize contributions." MORE >>
Patterson Belknap Webb & Tyler LLP
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2025 ERISA Litigation: Forfeitures, Investments, and Health Plans Take Center Stage
"Traditional excessive fee lawsuits remain a major share of ERISA filings, but the contours of those claims are shifting.... One of the most notable developments of 2025 is the surge in lawsuits challenging how employers use 401(k) forfeitures ... To date, more than 80 cases
have been filed since the wave began back in 2023, with over 30 cases having been filed just since May of this year.... Recent years have seen new lawsuits challenging what ERISA group health plans pay for prescription drugs. These cases have faced major obstacles[.]" MORE >>
Jackson Lewis P.C.
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Employee Benefits Jobs
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Selected New Discussions |
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Former Employee Requesting SPD from 23 Years Ago
"My new client received a certified letter from a former employee requesting a copy of the SPD from the years in which she was employed (not necessarily a participant), 1997-2003. Since I was not the TPA I don't have the SPD and my client doesn't think he has it either.
She was paid a benefit of about $50K in 2005 and apparently is not disputing that. Is my client obligated to provide the old SPD from 23 years ago to the former participant?"
BenefitsLink® Message Boards
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ADP Corrective Distributions and Top Heavy Balances
"Question: For the purpose of calculating the top heavy balances, are ADP/ACP corrective distributions added back in? Plan failed 2024 ADP/ACP testing: HCE/Key employees ADP/ACP corrective distributions of $5,000. These were corrected on 3/1/2025. When looking to add back in
'In-Service' distributions, would these be considered that for top heavy balance for the 2025 determination? Or excluded from the Top Heavy balance? My argument is that these distributions were forced distributions because of the failing ADP/ACP test. The participant did not have the option not to take it, so why should it be added back in? Thoughts?"
BenefitsLink® Message Boards
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Press Releases |
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The Hill Names ERIC’s James Gelfand as a 2025 Top Lobbyist
ERIC [ERISA Industry Committee]
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Structuring Equity Compensation for Partnerships and LLCs
January 13, 2026 WEBINAR
BARBRI
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Actuarial Assumptions in Defined Benefit Plans: Latest Developments in the Legal Landscape
January 20, 2026 WEBINAR
BARBRI
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Last Issue's Most Popular Items |
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Preparing for the Roth Catch-Up Contribution Mandate, Part 5
WTW
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DOL Shifts Position on ERISA Litigation Burden of Proof
Plan Sponsor Council of America [PSCA]
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Things to Worry About, Part 28: SEC Exams About Older and Retirement Investors
FredReish.com
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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