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Retirement Plans Newsletter
December 24, 2025
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[Official Guidance]
Text of Instructions for IRS Form 8915-F: Qualified Disaster Retirement Plan Distributions and Repayments (PDF)
73 pages. Dec. 22, 2025. "What's New ... [1] Beginning in 2025, IRA references in these instructions follow a revised naming convention.... [2] Form 8915-F includes a new line 5a. This line directs taxpayers to add the amounts from column (a) of lines 2,
3, and 4, and enter on line 5a the portion of that sum not attributable to qualified disaster distributions." MORE >>
Internal Revenue Service [IRS]
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[Sponsor]
BenefitsLink wishes you a holiday filled with joy, family and friends!
The daily BenefitsLink Retirement Plans Newsletter will resume on Monday, December 29.
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[Guidance Overview]
Roth Catch-Up Contributions: A Practical Deep Dive
"The 2026 Roth catch-up rules require coordinated action across plan documents, payroll systems, and recordkeeping platforms. Employers should confirm that payroll can identify HPPs based on prior-year FICA wages, ensure timely Roth elections, and implement appropriate correction
procedures. Early planning and clear participant communication will be essential to minimizing operational risk and maintaining compliance." MORE >>
EisnerAmper
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DOL Isn't Finished with Amicus Briefs
"The [DOL] has asked for additional time to file an amicus brief in a forfeiture reallocation suit involving Honeywell International. It's a suit that the fiduciary defendants have already prevailed in their motion to dismiss -- twice -- most recently last July, and that time
with prejudice.' [Barragan v. Honeywell Int"l, Inc., No. 24-4529 (D.N.J. Aug. 18, 2025; on appeal to 3d Cir. No. 25-2509)] MORE >>
Plan Sponsor Council of America [PSCA]
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Important ERISA Litigation Developments from 2025's Second Half (PDF)
"11th Circ. hints at ERISA exhaustion rule repeal ... 2nd Circ. backs toss of NY tTeamsters' pension suit ... DOL drops 5th Circ. fiduciary rule appeals ... Wells Fargo escapes 401(k) forfeiture suit." MORE >>
The Wagner Law Group via Law360
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When a Recordkeeper Switch Becomes a Fiduciary Freefall
"A recordkeeper switch is not simply a checkbox for 'vendor change'. It is one of the highest-risk operational events in a plan lifecycle. Blackout periods must be communicated clearly, participant funds must be accurately transferred, and plan fiduciaries must vigilantly
follow every step of the process. If you hand off everything to your provider, and then treat the transition like a lunch meeting that maybe one of your folks attended, you are creating systemic risk." MORE >>
The Rosenbaum Law Firm P.C. via JD Supra
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California Supreme Court Approves Pension Obligation Bonds
"Although the Court's analysis relied on statutes specifically applicable to municipal pension systems and the City's charter, the statutory frameworks governing other local systems -- including for counties and cities participating in CalPERS -- contain
materially similar requirements supporting the broader applicability of the Court's reasoning." [City of San José v. Howard Jarvis Taxpayers Assoc., No. S285426 (Calif. Dec. 18, 2025)] MORE >>
Orrick
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Benefits in General |
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[Official Guidance]
IRS Disaster Relief Announcement WA-2025-03, for Taxpayers Impacted by Severe Storms, Straight-Line Winds, Flooding, Landslides, and Mudslides in the State of Washington
"[I]ndividuals and businesses in the State of Washington affected by severe storms, straight-line winds, flooding, landslides, and mudslides that began on Dec. 9, 2025 ... now have until May 1, 2026, to file various federal individual and business tax returns and
make tax payments.... [I]ndividuals and households that reside or have a business in Benton, Chelan, Clallam, Grays Harbor, Jefferson, King, Kittitas, Lewis, Mason, Pierce, Samish, Skagit, Snohomish, Thurston, Wahkiakum, Whatcom, and Yakima counties qualify for tax relief." MORE >>
Internal Revenue Service [IRS]
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
2025 End-of-Year Plan Sponsor 'To Do' List, Part 4: Executive Compensation
"[1] Last chance to correct certain Section 409A document failures discovered in 2025.... [2] Nonqualified deferred compensation deferral elections should be made on or before December 31, 2025.... [3] Take certain action to address impact of Tax Cuts and
Jobs Act on Section 162(m) of the Code.... [4] Review whether equity-based compensation plans have sufficient shares remaining for 2026 awards.... [5] Review director pay practices and consider separate annual limits on director equity awards.... [6] Review ISS 2026 benchmark policy voting policies for executive compensation matters:.... [7] Section 6039 of the Code information statements due by February 2,
2026.... [8] Continue to consider clawback disclosure issues.... [9] Consider electronic filings for future Section 83(b) elections." MORE >>
Snell & Wilmer
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Selected New Discussions |
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Financial Advisor Buys a Share of Their Client ... and Is Still Getting Paid
"We started a new plan for Company R in 2025, and we just found out that the plan's financial advisor (through a shell company he owns 100% of) purchased 10% of Company R's stock sometime in 2025. The plan is on a recordkeeping platform that pays the advisory form some
amount of bp (50, I think). This seems to be a prohibited transaction; I don't see any way for the FA to keep getting paid on this. And he should return all the fees paid to him since the purchase (with earnings) to restore the plan. Anything else I'm missing?"
BenefitsLink® Message Boards
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2 Partners Only in LLC Taxed as an S Corp.
"Received a call from an Advisor. He has a prospect with 2 Partners, no employees. It is an LLC taxed as an S Corp and the 2 partners receive W-2 income. The Advisor and CPA want to set up the plan for 2025 and have the partners make the maximum deferrals before year end from a
bonus check. The plan can be set up for 2025 but can they make the employee deferral contributions at this late date for the 2025 year? I question it because they take W-2 comp and not Schedule C or K-1."
BenefitsLink® Message Boards
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State Withholding
"Please help to settle a disagreement in the office -- is state withholding calculated using the gross distribution amount or the federal amount?"
BenefitsLink® Message Boards
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Last Issue's Most Popular Items |
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Plan Sponsor Priorities for 2026
American Retirement Association [ARA]
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How to Prepare for 401(k) Compliance Testing
Watkins Ross
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The 2026 Retirement Catch-Up Curveball: What High Earners Over Age 50 Need to Know Now
Kiplinger
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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