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Retirement Plans Newsletter
December 18, 2025
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💼 3 New Job Opportunities
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[Guidance Overview]
Navigating SECURE 2.0 Changes in 2026
"From Roth catch-up contributions to new paper statement requirements and distributions for long-term care premiums, the coming year promises to test your adaptability and attention to your clients' needs. [Here] are some factors to consider or questions to evaluate to ensure
compliance and deliver value." MORE >>
PenChecks
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[Sponsor]
Explore Insights from Our Latest Quarterly Newsletter
Discover the latest trends, strategies, and success stories in The Iron Chronicles. Stay informed, inspired, and ahead of the curve with every quarterly issue.
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[Guidance Overview]
Release of 2026 Forms W-4P/W-4R Trigger Effective Dates for Substitute Forms
"With the release dates of December 11th and December 17th respectively, all changes made to the 2026 Forms W-4P must be incorporated in substitute forms by no later than January 10, 2026, and the changes made to the 2026 Form W-4R must be incorporated in
substitute forms by no later than January 16, 2026." MORE >>
Convergent Retirement Plan Solutions, LLC
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PBGC Participant and Plan Sponsor Advocate FY 2025 Annual Report (PDF)
23 pages. "During this first year, my office focused on information gathering and knowledge sharing.... We will build on the work of the previous Advocate and ensure we have a deep understanding of the mechanisms and operational aspects of PBGC's work while continually
building our capacity to serve PBGC's participant and plan sponsor customers.... Many of the Office of the Advocate's activities this year focused on internal processes and education: connecting and collaborating with relevant PBGC offices, ensuring we understand and have access to the technology and tools used by PBGC business areas, and creating synergies that allow my office to be more responsive and effective to
customers." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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Creating an RFP Template for a 401(k) or 403(b) Plan Audit
"An effective RFP will determine the quality of the respondents and will help reduce the time and effort expended in the overall RFP and selection process.... [T]he plan sponsor should provide audit firms with sufficient information about the nature of the plan and the engagement
to allow them to make a meaningful and comprehensive proposal that addresses your specific needs and evaluation criteria." MORE >>
Belfint Lyons Shuman
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What Do the Forms 5500 Tell Us?
"In its latest Private Pension Plan Bulletin, 'Abstract of 2023 Form 5500 Annual Reports,' EBSA provides data
about and from the Forms 5500 filed in 2023, the most recent year for which full data is available in this format.... The report offers a look at some of the long-term trends [based on] the information gathered by the Form 5500 Series." MORE >>
American Retirement Association [ARA]
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2026 Retirement Plan Industry Predictions
"As we look ahead to 2026, plan sponsors face a shifting landscape of regulation, fiduciary risk and opportunity, evolving plan design, and rapidly changing participant expectations. In many respects, this moment represents a continuation of change -- but with unusual force
and urgency.... [P]lan sponsors will need to be proactive." MORE >>
CAPTRUST
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80 Percent Funded Status -- Now What?
"There is a popular myth in the financial media that reaching an 80% funded status is the ultimate benchmark for pension plan health. In reality, ... funded status alone rarely provides a complete picture of a pension system's well-being.... Public pension plans in this
position may want to consider [specific] actions to help protect and build on this valuable ground gained.... [P]lans that are not quite there should also take a cue from these concepts[.]" MORE >>
National Conference on Public Employee Retirement Systems [NCPERS]
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[Opinion]
Congressional Hearing on ERISA Litigation: Bipartisan Support Is Needed to Set a Higher Pleading Standard
"During the hearing, the Subcommittee Chair specifically focused on a ... the ERISA Litigation Reform Act (HR 6084), that would override the most troubling aspects of the Supreme Court's decision in Cunningham v. Cornell.... [O]ptimism that such a solution could move forward on a bipartisan basis was dashed by the hearing. And without some bipartisanship in the Senate (at least 7 votes), legislation to fix the Cornell problem will
not be enacted ... [The industry needs] to keep raising the profile of the baseless nature of so many of these suits, including, ironically enough, the Cornell suit itself. " MORE >>
Encore Fiduciary
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Benefits in General |
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[Guidance Overview]
Qualified Retirement and Health and Welfare Plan 2025 Year-End Review
"[S]everal new laws will have significant implications for qualified retirement plans, including amendments that must be made by the 2026 plan year.... The recently enacted One Big Beautiful Bill Act (OBBBA) also contains provisions impacting health and welfare plans, many of
which are effective beginning January 1, 2026.... [M]any cost-of-living adjustments that are mandated by law will impact retirement plans and health and welfare plans in 2026.... [This article provides] plan sponsors with summaries of the key action items they should be considering, now and in the future[.]" MORE >>
Goodwin Procter
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When an Employee Gets Divorced: A Resource Guide for HR and Benefits Professionals
"This guide provides a high-level reference resource, in a plan-by-plan format, on how to approach each benefit arrangement when an employee gets divorced, and offers up some practical tips on employee benefits issues that may arise as you manage your company's response to an
employee's divorce." MORE >>
Foley & Lardner LLP
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DOL Expects to Release Guidance on Paper Statements, E-Disclosures
"The forthcoming guidance would build on the DOL's 2020 electronic disclosure safe harbor, which allowed plan sponsors and recordkeepers to treat electronic delivery as the default for participants with valid email addresses or mobile phone numbers on file, subject to notice
and opt-out requirements.... [T]he new SECURE 2.0 mandate underscores an enduring policy tension: how to capture the efficiency and engagement benefits of electronic communications without excluding participants who rely on, or prefer, paper." MORE >>
PLANSPONSOR; registration may be required
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Executive Compensation and Nonqualified Plans |
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2026 Executive Compensation Reminders for Public Companies
"[1] Monitor ongoing developments on executive compensation disclosure rules; [2] Review executive security practices and related disclosure considerations; [3] Review proxy disclosures around non-GAAP measures in incentive plans; [4] Review 2025 say-on-pay
voting trends ... [5] Stay current on proxy advisor firm developments ... [6] Ensure operational readiness for potential clawbacks; [7] Evaluate CEO succession planning and related disclosures; [8] Prepare for expansion of Section 162(m) covered employees in 2027 and the new aggregation rule; and [9] Monitor noncompete developments." MORE >>
Debevoise & Plimpton LLP
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[Opinion]
Have Proxy Advisors Hit a Tipping Point? Trump Administration Issues Executive Order on Proxy Advisors
"There may be a convergence of at least four factors that could bode poorly for proxy-advisory firms. First, .. there was the Trump reelection. Then, there is the ramping up of controversy and criticism ... of proxy advisors firms that have made their way towards matters
relating to diversity, equity and inclusion (DEI) and environmental, social and governance (ESG), ... [T]hese federal factors are evolving against the backdrop of the extremely high-profile approval of the Musk compensation package over the clear objection and no-vote recommendation of the principal proxy-advisory firms. And now, we have the Executive Order taking direct aim at proxy advisors." MORE >>
The Wagner Law Group
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Employee Benefits Jobs
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Selected New Discussions |
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Can Plan Just 'Disappear'?
"New solo 401(k) Plan was signed/adopted 5 years ago. No contributions have ever been made. Only filing ever done was to create a Trust EIN. 'Plan Sponsor' would like to 'disappear' the plan and start a SEP this year. I'm just processing what steps to
take."
BenefitsLink® Message Boards
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Late Deferrals: Calculating Lost Earnings
"Often, when there are late deferrals to a plan, TPAs are using the DOL VFCP calculator to determine lost earnings. I understand that's only allowable if the Sponsor is filing under VFCP. And if not submitting, they must use EPCRS to determine the earnings. The first and best
option is to calculate actual earnings for everyone involved. Than can get hectic if there are more than a few participants involved, or multiple payrolls. Hectic and pricey--we charge by the hour, and the cost can easily overtake any benefit to the participants. We may have a way to calculate the Rate of Return (RoR) individually for each payroll, rather than exact earnings. My question is this: Is that enough? Using the RoR per participant
(and if unavailable, the RoR for the during the same timeframe?) The DOL calculator determines not only lost interest, but the interest on the interest. Would I need to do TWO calculations? First determine lost interest from payroll date to deposit and then another from deposit until 'today'? How do you guys do it? Several colleagues at other firms just take the path of least resistance and still use the DoL calculator. I haven't
heard anyone getting in trouble for doing it that way. Have you?"
BenefitsLink® Message Boards
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New Employer with Short Tax Year
"A new company's inception is 9/1/2025. There is one employee, the S-Corp owner. First tax year runs 9/1/2025 to 12/31/2025. Owner wants to adopt a calendar year profit sharing only plan for 2025, adding 401(k) for 1/1/2026. W2 comp for the period 9/1/2025 to 12/31/2025 will
exceed $350,000. In the EOB it seems to indicate that it is possible for the effective date of the plan to begin prior to the inception date of the company. The EOB indicates that the IRS informally expressed this view at benefit conferences. It also notes that the employer can highlight the issue in the plan's determination letter request which seems to indicate that this wording has been in the EOB for a long time. Is this an
acceptable approach? If not, and the plan year must be a short plan year (9/1/2025 to 12/31/2025) to run as a calendar year plan, are we then prorating the compensation limit to $116,667 (4/12ths) and in turn using that pro-rated limit to determine the max deductible amount of $29,167 (25% of prorated limit)."
BenefitsLink® Message Boards
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Press Releases |
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Fred Reish Makes Landmark Move to Prime Capital Financial
Prime Capital Financial
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Last Issue's Most Popular Items |
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Employers Can Contribute to Trump Accounts Starting Next July
Mercer
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Final SECURE 2.0 Catch-Up Regs: Highlights to Know
Newfront
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Text of 2026 IRS Publication 15-A: Employer's Supplemental Tax Guide (PDF)
Internal Revenue Service [IRS]
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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