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Retirement Plans Newsletter

December 17, 2025

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💼  3 New Job Opportunities

 

[Official Guidance]

Text 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]

[Sponsor]

Year-End Crunch? Automate Your Way.

From census collection to compliance testing, SSP automates your entire year-end workflow. Save hours, reduce errors, and close the year with confidence. Automate your year-end now. Watch the video.

Sponsored by ASC

[Official Guidance]

Text of 2026 IRS Form W-4R: Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions (PDF)

"Complete Form W-4R to have payers withhold the correct amount of federal income tax from your nonperiodic payment or eligible rollover distribution from an employer retirement plan, annuity (including a commercial annuity), or individual retirement arrangement (IRA)."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Final SECURE 2.0 Catch-Up Regs: Highlights to Know

"The Final Catch-up Regulations largely confirmed what we were expecting, by clarifying Highly Paid Individual (HPI) determinations, employer aggregation, and correction mechanics. However, there were some twists thrown in that plan sponsors should be aware of as 2026 approaches. The language was confusing, but this post will break it down in simple terms with simple dates."  MORE >>

Newfront

[Guidance Overview]

Executive Order Instructs DOL to Consider Treating Proxy Advisory Firms as ERISA Advice Fiduciaries

"With respect to ERISA-covered retirement plans, the EO instructs DOL 'to consider' revising the current advice fiduciary regulation to explicitly include proxy advisors as ERISA advice fiduciaries. In this note, [the authors] briefly discuss the EO's overall 'theory of the case' and the instructions to SEC and FTC [and] then describe the EO's ERISA-related instructions to DOL."  MORE >>

October Three Consulting

Fourth Circuit Sets New Rule for Interpreting QDROs

"The court ruled that QDROs are essentially 'court-approved contracts,' and thus are 'subject to ordinary rules of contract interpretation under state law.' However, the plan administrator's exercise of discretionary authority in calculating benefits under the terms of the plan would be reviewed for abuse of discretion....[T]he Fourth Circuit ruled that the word 'may' 'authorizes, but does not require, the plan administrator to allocate the cost of the surviving spouse annuity to the alternate payee's portion of the benefit.' ... The Fourth Circuit also noted that this interpretation was consistent with the plan documents." [Gasper v. EIDP, Inc., No. 24-1959 (4th Cir. Dec. 8, 2025)]  MORE >>

Kantor & Kantor

District Court Dismisses ERISA Fee Suit Against Kellogg, Reinforcing Pleading Standards for Plan Sponsors

"The decision reinforces that ERISA plaintiffs must allege specific, like‑for‑like comparisons to survive a motion to dismiss.... For plan sponsors, the ruling underscores that well‑documented, routine recordkeeping arrangements and monitoring processes can help defeat speculative ERISA fee litigation at the pleading stage." [Fleming v. Kellogg, No. 22-0593 (W.D. Mich. Dec. 8, 2025)]  MORE >>

Polsinelli PC

The Silent Killer of Retirement Plans: Compensation Definitions

"Compensation is the heartbeat of a retirement plan. It drives contributions, testing, employer matches, limits, and eligibility. You could have the best advisor in the world, a TPA who isn't asleep at the switch, and a plan document written in such perfect ERISA-speak that it should be framed in a museum. None of that matters if compensation is wrong. And it's wrong a lot."  MORE >>

The Rosenbaum Law Firm P.C. via JD Supra

Terminating a 401(k) Plan: IRS Rules, Common Pitfalls, and Abandoned Plan Options

"Until plan assets are properly distributed, the IRS generally treats the plan as ongoing -- with continuing compliance, amendment, and filing obligations.... Poorly executed terminations can result in delayed distributions, missed contributions, late Form 5500 filings, and unnecessary fiduciary exposure. This article explains how to properly terminate a 401(k) plan under IRS rules[.]"  MORE >>

Employee Fiduciary

A Hidden Trend Is Changing 401(k) Plans. Here's What It Means for Investors

"Many small-plan sponsors are being nudged toward [target date funds] that slot in the recordkeeper's stable-value fund, a move that reduces administrative costs. The resulting lower fees benefit participants, but when cost-sharing arrangements start to shape a target-date manager's allocation decisions, they introduce real trade-offs. [This article looks at] what's driving the trend, how widespread it's become, and what those trade-offs mean for investors."  MORE >>

Morningstar

Plan Sponsor Outlook Q1, 2026

"Employee optimism can mislead both workers and sponsors into a false sense of security. To bridge the gap between confidence and preparedness, sponsors should consider: [1] Expanding financial education on financial literacy and financial wellness in general, as well as compounding, employer match and decumulation strategies. [2] Reinforcing plan features such as auto-enrollment and auto-increase, and exploring in-plan income options. [3] Providing resources to help employees avoid emotional, short-term decision-making."  MORE >>

Definiti

[Opinion]

The Future of Saving: Lessons from Decades of Defined Contribution Plan Design

"DC retirement plans have come a long way since [ERISA], and they continue to evolve. Widespread acceptance of automatic enrollment, automatic escalation, and sensible default investment options allow workers to outsource retirement plan participation decisions, savings rates, and asset allocation decisions to their employers, simultaneously increasing savings and (likely) decreasing the extent to which participants make common investment mistakes. The potential downside is a reliance on one-size-fits-all solutions to complex optimization problems that depend on a wide range of household characteristics and preferences."  MORE >>

Pension Research Council, The Wharton School of The University of Pennsylvania

[Opinion]

Promoting Lifetime Annuities in 401(k) Plans May Violate CFA Fiduciary and Ethical Standards

"CFA charterholders are bound not only by applicable law (including ERISA), but by an independent professional code that places client interests, transparency, and integrity of the profession above product sales or industry narratives.... [A]ctively recommending annuities in 401(k) plans may run afoul of multiple CFA Institute standards, particularly where the risks and conflicts inherent in annuities are minimized, obscured, or ignored."  MORE >>

The Commonsense 401(k) Project

Benefits in General

[Official Guidance]

Text of 2026 IRS Publication 15-A: Employer's Supplemental Tax Guide (PDF)

28 pages; Dec. 16, 2025. "What's New: [1] Social security and Medicare taxes for 2026.... [2] Moving expense reimbursements.... [3] Employer contributions to Trump accounts."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Employers Can Contribute to Trump Accounts Starting Next July

"Notice 2025-68 addresses several topics of interest to employers, including: [1] Employers can offer employees the option to fund accounts for their dependent children via pretax contributions under an Internal Revenue Code (IRC) Section 125 cafeteria plan. [2] The $2,500 limit on employer contributions that are non-taxable to the employee is an annual limit that applies per employee regardless of how many dependent children the employee has.... [3] Account trustees -- not employers -- are responsible for ensuring that aggregate individual and employer contributions don't exceed the annual $5,000 limit."  MORE >>

Mercer

Employee Benefits Jobs

💼

Retirement Plan Termination Specialist

Compass

Remote / Stratham NH / Hybrid

View job as Retirement Plan Termination Specialist for Compass

💼

Retirement Plan Administrator (Part-Time)

Accelefund, Inc.

Remote / Lenexa KS

View job as Retirement Plan Administrator (Part-Time) for Accelefund, Inc.

💼

Defined Benefit and/or Cash Balance Pension Administrator

The Angell Pension Group, Inc.

Remote

View job as Defined Benefit and/or Cash Balance Pension Administrator for The Angell Pension Group, Inc.

Selected New Discussions

Can Plan Make Vesting More Liberal Only for Active Participants?

"401k plan currently has 6-year vesting schedule. They would like to amend the schedule to a 5-year schedule, which will be more advantageous at every year. They are doing this because they feel like their current schedule is not competitive in their industry. However, they do not want to give the new vesting schedule to anyone who is terminated but still has money in the plan. Can the amendment state that only participants who work an hour of service on or after the effective date of the amendment will be subject to the better vesting schedule? And they want the new schedule to apply to all of the money in the accounts of anyone who is still employed on the date of the amendment (i.e., they don't want to only apply the vesting schedule to new contributions made after that date). I guess where I am getting confused is, Is there a requirement that anyone with at least 3 years service (including terminated participants) must be allowed to elect the better schedule?"

BenefitsLink® Message Boards

Press Releases

EPIC Employee Benefits Welcomes Jared Brown to the Team

EPIC

Retirement Clearinghouse Surpasses $20B in Account Consolidations

Retirement Clearinghouse

NFP, An Aon Company, Acquires Hamilton Insurance Agency, Expanding Its Risk Management and Integrated Benefits Administration Capabilities

NFP Corp.

Concerns with Traditional PBM and Transparent Models Accelerates Demand for the First True Fiduciary PBM

US-Rx Care

Webinars, Podcasts and Conferences
(Retirement Plans / Executive Compensation)

Plan Sponsor Roundtable

January 8, 2026 WEBINAR

Worldwide Employee Benefits Network [WEB]

Last Issue's Most Popular Items

Trump Accounts: The Basics

McAfee & Taft

Eleventh Circuit: ERISA Arbitration Clause That Waives Plan-Wide Relief is Unenforceable

Roberts Disability Law

DOL Amicus Briefs Request Supreme Court Review of Two Key ERISA Fiduciary Decisions and Support Sponsor Fiduciaries

October Three Consulting

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

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