"[T]he Eleventh Circuit affirmed the denial of a motion to compel arbitration, holding that an employee stock ownership plan's arbitration provision was unenforceable because it prospectively waived participants' substantive statutory rights to pursue plan-wide relief under ERISA Sections 409(a) and 502(a)(2). In doing so, the court expressly adopted and applied the effective vindication doctrine and joined every other circuit to address similar ERISA arbitration provisions." [Williams v. Shapiro, No. 24-11192 (11th Cir. Dec. 15, 2025)]  MORE >>

"It is interesting that the Supreme Court requested briefs from DOL with respect to both certiorari petitions and that DOL is now taking an explicitly pro-sponsor position. Indeed, in Home Depot the position it is arguing for -- that the plaintiff bears the burden of showing loss-causation -- is a reversal of the position it had taken in two previous amicus briefs to the Court.... In its briefs DOL cites concerns about excessive litigation resulting in 'increased costs,' decreased 'efficiency' and 'predictability,' and a reduction in 'investment choices.' " 
[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 >>

"According to recordkeepers, plan sponsors and their payroll providers hold the critical data, since recordkeepers generally do not track FICA wages, so they cannot independently determine who crosses the threshold.... Recordkeepers expect more participants will encounter Roth options in 2026 and will need education on the differences between Roth and pre-tax contributions. "  MORE >>

"[1] Stay organized year-round ... [2] Embrace electronic documentation ... [3] Learn from past experiences ... [4] Build a collaborative relationship ... [5] Don't wait until the last minute."  MORE >>

"Bipartisan legislation to change securities laws so 403(b) plans can offer collective investment trusts (CITs) passed the House on Dec. 11 as part of a larger package of capital market reforms (HR 3383). The CIT-related changes appear in a section entitled Retirement Fairness for Charities and Educational Institutions. The outlook for companion Senate legislation (S 424) is uncertain, but supporters hope the changes might pass Congress sometime in 2026."  MORE >>

"Ways and Means Committee Ranking Member Richard E. Neal (D-MA) reintroduced the Automatic IRA Act [HR 6722], which would expand retirement coverage for millions of workers. The legislation unlocks a key retirement savings vehicle for employees, gig workers, and other independent contractors nationwide." [Also available: Bill summary]  MORE >>

"Only 14% of Generation X Americans (ages 44-59) feel they have saved enough money for retirement. Gen Xers believe they will need $1,069,746 to retire comfortably, yet they expect to have just $602,944 saved, leaving a shortfall of $466,802 – larger than the shortfall Millennials ($322,128) and Baby Boomers ($353,069) expect to face. More than half (54%) of Gen Xers are concerned about outliving their assets in retirement, compared to 40% of Baby Boomers and 50% of Millennials."  MORE >>

"This brief, based on a recent study, explores whether auto-IRAs have led to fewer -- or more -- employer plans.... The [brief] concludes that state auto-IRAs have prompted more employers to offer their own retirement plans. Overall, then, the auto-IRA initiatives have given many additional workers the option to save via payroll deduction in two ways: through participation in the new auto-IRAs and through increased adoption of employer plans."  MORE >>

"The big three state auto IRAs -- those run by California, Illinois, and Oregon, which are the oldest and so far the largest such programs -- had reasons to give thanks in November. But that was more the case for registrations and the number accounts than it was for revenue results."  MORE >>

35 pages. "This report examines the impact of ESG model selection and parameter uncertainty on pension fund outcomes ... and illustrates selected risks using simulation-based modeling of the assets of a simple pension fund. "  MORE >>

"[1] Not having a plan.... [2] Not saving for the future right now, ... [3] Not factoring in taxes.... [4] Not timing your job changes thoughtfully.... [5] Not planning for healthcare costs."  MORE >>

"Think of the 'Best of Both Worlds' or total return retirement spending rule as the 4% rule on steroids -- retirees live off both the income and investment returns. The rest continues to grow and compound. It works like this: Step 1: Determine your initial withdrawal rate.... Step 2: Set guardrails.... Step 3: Rebalance regularly."  MORE >>

"Employer contributions must be made pursuant to a Code Section 128(c) Trump account contribution program. Requirements similar to requirements that apply to a dependent care assistance program (regarding discrimination, eligibility, notification, statements, and benefits) apply to a Trump account contribution program."  MORE >>