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Retirement Plans Newsletter

December 19, 2025

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[Official Guidance]

Draft of 2025 IRS Publication 575: Pension and Annuity Income (PDF)

47 pages; Nov. 6, 2025; pub. Dec. 18, 2025. "Reminders: [1] Distributions to victims of domestic abuse.... [2] Distributions for emergency personal expenses.... [3] Transfers and rollovers of assets and the substantially equal payment method.... [4] The direct payment requirement for certain distributions for payment of health or long-term care insurance repealed."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

IRS Employee Plans News, December 18, 2025

Topics: [1] 2025 Required Amendments List for Qualified and Section 403(b) Plans: Notice 2025-60 ... [2] Notice 2026-02: Update for weighted average interest rates, yield curves, and segment rates ... [3] Required Minimum Distributions ... [4] Qualified Charitable Distributions.  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Alternative Investments in 401(k) Plans: Executive Order Implications and Key Fiduciary Considerations (PDF)

11 pages. "[A] recent executive action from the White House has signaled a shift toward a more favorable regulatory environment for Investment Solutions that incorporate alternative investments. This article examines the evolving regulatory landscape in this area and discusses the key considerations for Plan fiduciaries who are interested in giving their Plan participants access to alternative investments through the Plan's Investment Solutions."  MORE >>

The Wagner Law Group

Government Charts New Course in ERISA Retirement Space

"[T]he government asserted that the Sixth Circuit's ruling is incorrect and identifies two principal errors. The first error is the Sixth Circuit's conclusion that a plaintiff need not allege a meaningful benchmark to state a plausible claim of imprudence based on relative underperformance.... The second error asserted is the Sixth Circuit's acceptance that the plaintiffs below had pled a meaningful benchmark when asserting that the S&P Target Date Fund (TDF) was an appropriate comparator to the challenged funds." [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 >>

Miller & Chevalier

2023 Pension Insurance Data Tables

The final installment of PBGC’s 2023 Pension Insurance Data Tables is now available. This installment includes various breakdowns of the number of PBGC-insured defined benefit plans, number of plan participants, hybrid plans, frozen plans, premium revenue, plan funding, and risk transfer activity. Some of the breakdowns are by industry, location, plan size, and plan funded status. This year’s Data Tables have been revised by consolidating/removing certain tables.  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

How to Talk to Participants About Cybersecurity

"[T]he most important thing for plan sponsors and recordkeepers to communicate is that digital scams exist across an 'evolving landscape.' Not only are there commonplace clickbait phishing emails, but also artificial intelligence-powered deepfake scams sophisticated enough to make even the most tech-savvy of participants fall prey."  MORE >>

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Gen X and Retirement: Gloomy or Resilient?

"Given the economic challenges and factors members of Gen X face ... 'saving for retirement is an outlier thought' for them. And that has ripple effects ... [T]hose who don't have retirement accounts are more gloomy about retirement than retirees, a sentiment fueled by fear of the unknown and uncertainty."  MORE >>

American Retirement Association [ARA]

Retirement Plan Participation and the Current Population Survey: The Impact of the Retirement Account Questions, 2018-2024

"[EBRI] has noted since the 2014 redesign of the CPS that its estimates have not been consistent with other data sources -- the CPS estimates have been much lower and have trended downward.... This Issue Brief examines the trend in retirement plan participation using the traditional pension questions from the CPS while looking at the impact of the new questions on retirement accounts."  MORE >>

Employee Benefit Research Institute [EBRI]

Competitive Pension Risk Transfer Cost Remains Level During November (PDF)

"During November, the estimated cost to transfer retiree pension risk to an insurer in a competitive bidding process remained level, at 100.1% of a plan's accounting liabilities (accumulated benefit obligation, or ABO). ... During the same time period, the average annuity purchase cost ... also remained the same as the prior month, at 103.3%. The competitive bidding process is estimated to save plan sponsors about 3.2% of PRT costs as of November 30, 2025."  MORE >>

Milliman

A Multifaceted Analysis of Dynamic Pension Plan Designs (PDF)

74 pages. "This paper examines the roles of various designs of decumulation-only CDC plans, referred to as Dynamic Pension (DP) plans, in providing sustainable retirement income for retirees.... [T]he paper explores crucial design elements for DP plans, such as valuation interest rates, benefit- smoothing mechanisms, and pension annuity forms. [The] findings highlight the necessity of a comprehensive design strategy for DP plans, incorporating regular reviews and adjustments to ensure fairness, stability, and participant satisfaction."  MORE >>

Society of Actuaries Research Institute

[Opinion]

Retiring Later May Be Good for You; When Will ERISA Catch Up?

"[A recent article explains] how the data actually supports the position that later retirement ages are actually better for health and longevity. If you accept the data and the analysis, then it is possible that the proverbial knowledge worker ... is better off retiring as late as possible, and not linking that to the invented construct of 65 as the proverbial age of retirement. And if you accept that, then maybe many of the rules around ERISA – such as required minimum distributions – are ill thought out, as vestiges of a belief that retirement, and the burning off of retirement assets, should occur on some sort of standardized timeline."  MORE >>

Stephen Rosenberg, The Wagner Law Group

Benefits in General

[Guidance Overview]

Advance Copies of 2025 Form 5500 Series Contain Few Changes (PDF)

"Of interest for 401(k) plans and health and welfare plans is a clarification regarding reporting of delinquent participant contributions on Schedule DCG, Schedule H, or Schedule I, as applicable.... References to the Voluntary Fiduciary Correction Program have been updated to reflect the most recent version (issued in early 2025). ... Other changes relate to defined benefit plans."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Employee Benefit Compliance Priorities for Year End

"Plan sponsors should be collaborating with their payroll vendors and recordkeepers to understand how mandatory Roth catch-up contributions will be processed for high wage earners ... [If] at least one applicable retirement plan within a controlled group permits super catch-up contributions, all controlled group retirement plans must also permit super catch-up contributions.... By February 16, 2026, each HIPAA covered entity and business associate must update its Notice of Privacy Practices (NPP) ... Some section 409A corrections under Notice 2008-113 must be completed by year-end, making now the ideal time to identify and finalize correction of any lingering errors."  MORE >>

Eversheds Sutherland

Fifth Circuit Holds ERISA Fee Awards Require Actual Merits Relief, Not 'Moral Victories'

"[T]he Fifth Circuit reversed an award of more than $1.8 million in attorneys' fees under ERISA Section 502(g)(1), holding that a claimant who ultimately obtained no substantive relief cannot recover fees based solely on favorable factual findings or judicial criticism of plan procedures." [Cloud v. Bert Bell/Pete Rozelle NFL Player Ret. Plan, No. 25-10337 (5th Cir. Dec. 18, 2025),]  MORE >>

Roberts Disability Law

Actionable Ways to Get a Better Return on Investment (ROI) on Your Benefits Program

"Organizations invest heavily in benchmarking, employee surveys, and high-demand perks like flexible work arrangements and mental health resources. But offering competitive programs is only half the equation. What matters is how employees perceive the value and applicability of those programs."  MORE >>

OneDigital

Executive Compensation and Nonqualified Plans

ISS and Glass Lewis Policy Updates for 2026 Focus on Shareholder Rights, Compensation Matters and ESG (PDF)

"ISS and Glass Lewis policy changes applicable to the U.S.... [1] Pay-for-Performance -- ISS & Glass Lewis; [2] Responsiveness to Low Say-on-Pay Votes -- ISS; [3] High Non-Employee Director Pay -- ISS; [4] Equity Plan Proposals -- ISS; [5] Pay-for-Performance -- ISS & Glass Lewis (New)."  MORE >>

Weil Gotshal & Manges LLP

Employee Benefits Jobs

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Selected New Discussions

401(k) Plan Mega Roth Backdoor After-Tax Contributions

"I've worked on 401k plans for a while now, but only encountered mega Roth backdoor quite recently. I do understand that it has great tax saving for an individual but after digging deeper I read that ACP must be passed for the after tax voluntary contributions even if the plan is safe harbor and passed ADP and ACP for matching. Am I understanding this correctly? Also is there any way to bypass the testing for mega Roth backdoor after tax contributions?"

BenefitsLink® Message Boards

Form 5500 on EFAST Prior to 2009

"We are helping a takeover client with a DFVCP filing. The EFAST site only goes back to 2009 filings which makes sense. When going to the DFVCP payment web site, it lists Forms 5500 going back to 2004 as 'late filings found in EFAST at this time.' Question is how are pre 2009 Forms showing up on the DFVCP site as being on the EFAST site, but they are not actually displayed on the EFAST site. Maybe the client filed electronically, but it is not displayed on the EFAST site? In any case how do we amend those pre-2009 Forms and submit under DFVCP?"

BenefitsLink® Message Boards

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

2025's Ask A Benefits Attorney

ON-DEMAND WEBINAR

Miller Johnson

ERISA Claims and Appeals Procedures: DOL Regulations, Plan Terms, Compliance, and More

January 15, 2026 WEBINAR

BARBRI

Last Issue's Most Popular Items

When an Employee Gets Divorced: A Resource Guide for HR and Benefits Professionals

Foley & Lardner LLP

Navigating SECURE 2.0 Changes in 2026

PenChecks

DOL Expects to Release Guidance on Paper Statements, E-Disclosures

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

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