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Retirement Plans Newsletter

December 15, 2025

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[Official Guidance]

Text of IRS Form 8915-F: Qualified Disaster Retirement Plan Distributions and Repayment (PDF)

Rev. Dec. 2025. "Use Form 8915-F for 2021 and later disasters. Also, use it after 2020 for coronavirus-related and other 2020 disasters instead of Form 8915-E. Major Disaster Declarations [on the FEMA website] provides the only qualified disasters and their FEMA numbers for item C. 'This year' (as used on this form) is the year of the form you check in item A next. For example, if you check 2022, 'this year' is 2022."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

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[Official Guidance]

Text of IRS Notice 2026-2: Weighted Average Interest Rates, Yield Curves, and Segment Rates for December 2025 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Draft of Instructions for 2025 IRS Form 8606: Nondeductible IRAs (PDF)

Dec. 10, 2025. "What's New: [1] Definitions for IRAs.... [2] Clarification on nondeductible contributions.... [3] References to 2025 Form 8915-F.... [4] Modified adjusted gross income (AGI) limit for traditional IRA contributions increased.... [5] Modified AGI limit for Roth IRA contributions increased. " [Also available:  2025 IRS Form 8606: Nondeductible IRAs]  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Trump Signs Executive Order Targeting 'Politically-Motivated' Proxy Advisers

"In the fact sheet accompanying the order, the White House accused two major proxy advisory firms, Institutional Shareholder Services Inc. and Glass, Lewis & Co.... of using their market dominance to push 'radical leftist policies' on U.S. corporations.... The order further tasked the [DOL] with strengthening fiduciary standards under [ERISA], which are already considered among the strictest under U.S. law, to ensure that pension fund managers and proxy advisers act solely in the financial interests of American workers and retirees[.]"  MORE >>

PLANSPONSOR; registration may be required

Solicitor General Supports Plan Sponsors on Key ERISA Legal Questions in Supreme Court Amicus Briefs

"In both cases, the Solicitor General agreed with the petitioners ... that the legal questions are sufficiently important to warrant the Supreme Court's review. Further, the Solicitor General supported the plan sponsor and fiduciary defendants (and disagreed with the plaintiffs) on the merits of the legal questions being presented to the Supreme Court. This reflects a clear shift under the new Administration to interpret ERISA in reasonable and common-sense manner." 
[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 >>

Mayer Brown

States Defend Athene Pension Risk Transfer Deal in Lockheed Martin Lawsuit

"Iowa Attorney General Brenna Bird submitted a brief ... in support of Lockheed Martin Corp. in a lawsuit over its choice of Athene Annuity and Life Co. in a pension risk transfer deal. The brief, joined by attorneys general in nine additional states, equates the lawsuit claims as an attack on the efficacy of the state-based insurance regulation system." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025; on appeal to 4th Cir. No. 25-2061)]  MORE >>

InsuranceNewsNet.com

DOL Private Pension Plan Bulletin: Abstract of 2023 Form 5500 Annual Reports (PDF)

73 pages. "The total number of pension plans grew ... to approximately 836,800, a 4.4 percent increase over 2022. The number of DC plans grew by 4.7 percent, while the number of DB plans decreased by 0.6 percent.... The number of 401(k)-type plans increased by 5.6 percent, from 686,000 to 724,700.... There were 81.6 million active participants in 401(k)-type plans, reflecting a 2.7 percent increase from 2022." [Also available: data tables in XLSM and XML formats; and Historical Tables and Graphs, 1975-2021.]  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Avoid Autopilot: Pointers for Plan Sponsors

"While third party administrators (TPAs) and other pension professionals play a critical role in successful 401ks, plan sponsors retain the ultimate responsibility for ensuring that the plan continuously operates in the best interests of participants. That's why it is wise for plan sponsors to avoid autopilot mode, and actively review their own fiduciary practices. [This article provides] pointers on common mistakes and misunderstandings to avoid."  MORE >>

Colonial Surety Company

Do U.S. Public Pensions Manage Risk Effectively? a Review of 38 Public Pensions

"The main takeaways are that in addition to selecting qualified staff, the public funds with the best funded status and risk management are those where there are: [1] effective governance and delegation of responsibilities between Boards and investment staff, [2] continuity of tenure in both organizations, [3] empowerment of staff to be long-term investors, and [4] a collaborative environment."  MORE >>

Arun Muralidhar and Sid Muralidhar via SSRN

Corporate DB Plan Risk: What We Know in 2025, and What It Means

"It's no secret that the combination of a sharp increase in interest rates and a historically strong equity market has lifted corporate DB plans to higher funded ratios and better hedged positions. To make the most of the opportunities this unique period has created ... there are several key lessons to keep in mind: [1] Rising funded ratios alone do not guarantee optimal hedge positioning. [2] Falling liability durations require proactive recalibration. [3] Avoiding over-hedging has become just as important as fixing under-hedging. [4] Sub-asset-class construction in fixed income -- not just allocation size -- now drives success."  MORE >>

Callan

Financial and Retirement Literacy Among Students and Recent Hires (PDF)

15 pages. "Financial literacy improves with life stage -- recent hires are the most financially literate, followed by college students, and high school students ... Respondents whose parents did not attend college demonstrated lower literacy rates; this is consistent with findings from both 2023 and 2024 surveys ... Most student respondents thought retirement savings should begin with a life milestone, like getting your first job or buying a house. College students and respondents with higher literacy are more likely to say you should start saving for retirement now."  MORE >>

The SPARK Institute

[Opinion]

The DOL's Pizarro v. Home Depot Amicus Brief: Borzi and Gomez Don't Live at EBSA Anymore

"In its Pizarro amicus brief, the Department asserts that causation is an element plaintiffs must affirmatively establish and that courts err by shifting any burden to fiduciaries once a breach and loss are plausibly alleged. But that framing ignores the procedural consequences of what the Department is demanding." [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 >>

The Prudent Investment Adviser Rules

[Opinion]

When the Loan Defaults Come Home: A Fiduciary Wake-Up Call

"[L]oan defaults are the leak nobody talks about. You can have great fund lineups, low fees, and compliant disclosures -- but when participants leave their jobs and their loan becomes taxable income, that's a permanent loss of savings.... Will employers make [Custodia's RLP] an opt-in benefit or automatically apply it to new loans? How will costs be handled? Will participants understand it's insurance against default, not a free loan forgiveness program? Like every new benefit, the success will depend on communication and administration."  MORE >>

The Rosenbaum Law Firm P.C. via JD Supra

Employee Benefits Jobs

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Client Relationship Manager – 401(k) TPA Services

401kinabox

Remote / Frederick MD

View job as Client Relationship Manager – 401(k) TPA Services for 401kinabox

Selected New Discussions

Terminating DC Plan with J&S

"I have a terminating DC plan with J&S in it. If a participant is unresponsive or the spouse refuses to sign, it appears that we have no other choice other than go to the marketplace and buy an annuity for them. Is there any other option? Penchecks says they will handle funds over $7,000 for terminating plans but if the participant doesn't respond, they don't buy the annuity....they move them to an IRA and thereby ultimately are bypassing the spousal consent rules. Since the plan isn't covered by the PBGC, we can't move the funds there. Any other options?"

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Last Issue's Most Popular Items

Text of IRS Rev. Rul. 2026-1: Covered Compensation Tables for the 2026 Plan Year (PDF)

Internal Revenue Service [IRS]

Text of Executive Oder: Protecting American Investors from Foreign-Owned and Politically-Motivated Proxy Advisors

Executive Office of the President

Text of 2025 IRS Form W-4P with Instructions: Withholding Certificate for Periodic Pension or Annuity Payments (PDF)

Internal Revenue Service [IRS]

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

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