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Retirement Plans Newsletter
January 9, 2026
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💼 9 New Job Opportunities
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[Official Guidance]
Draft of IRS Form 8881: Credit for Small Employer Pension Plan Startup Costs, Contributions, Auto-Enrollment, and Military Spouse Participation (PDF)
Rev. Dec. 2025. Eligible small employers use this form to claim the credit for qualified startup costs incurred in establishing or administering an eligible employer plan. MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Surplus Pension Assets Increase But Effective Strategies Are on Latest IRS 'No Rule' List
"This latest IRS publication of 'no ruling' areas [Rev. Proc. 2026-3] ... adds section 420 transactions as a 'no rule' area, including where the employer is asking for guidance on the use of the 401(h) account assets that may have involved a section 420 transfer. And Rev. Proc. 2026-3
continues the IRS 'no rule' position on spinoff-termination transactions ... where less than all of the surplus assets are being spun off[.]" MORE >>
Groom Law Group
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[Guidance Overview]
Puerto Rico IRA Contribution Limits Now Tied to U.S. IRC §219(b)(5)
"[T]he maximum annual elective deferral cap of $20,000 applicable to a Puerto Rico resident employee participating in a dual qualified retirement plan is increased to $22,000 for 2025 and $22,500 for 2026.... Puerto Rico employees participating in a retirement plan qualified only
under the PRIRC continue to be subject to the annual elective deferrals limit of $15,000[.]" MORE >>
McConnell Valdés
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[Guidance Overview]
IRS Updates Determination and Opinion Letter Procedures for 2026
"Besides making routine revisions for dates, cross-references and citations to other revenue procedures, Rev. Proc. 2026-4 includes an update regarding refunds of user fees, clarification of the electronic filing requirement for all Form 5300 series determination letter requests and increases in certain user fees." MORE >>
Mercer
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[Guidance Overview]
2025 Informational Form 5500 Includes New DB Characteristic Codes
"The 2025 forms are largely the same as the 2024 versions, but include the following new defined benefit (DB) plan characteristic codes on Line 8a of Form 5500: [1] 1G for a plan using a variable annuity benefit formula ... [2] 1J for a PBGC-covered
multiemployer plan that terminated by mass withdrawal; [3] 1K for a PBGC-covered multiemployer plan that terminated by plan amendment; [4] 1L for a PBGC-covered multiemployer plan that was insolvent as of the end of the plan year." MORE >>
Mercer
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DOL Sides with JP Morgan in 401(k) Forfeiture Suit
"[T]he DOL argued that the plaintiff's claims of fiduciary breach do not hold up under the plan's documents. The DOL pointed out that the plan 'expressly permits the fiduciary to use forfeited contributions to offset employer contributions or to pay the employer's
share of administrative expenses.' " [Wright v. JPMorgan Chase & Co., No. 25-0525 (C.D. Calif. Jun. 13, 2025, on appeal to 9th Cir. No. 25-4235; DOL amicus brief filed Jan. 8, 2026)] MORE >>
PLANSPONSOR; registration may be required
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District Court Invokes Rarely-Used Rule to Rein in ERISA Fee Lawsuits
"A federal judge in California invoked a little-used procedural rule last month to force plaintiffs in an ERISA prohibited transaction lawsuit to spell out their factual case before discovery begins ... By requiring a so-called 'Rule 7' reply, [the judge] signaled
that the plaintiffs may be required to do more than allege technical statutory violations before imposing on defendants the heavy burdens of discovery. The requirement could be used in other courts to counter the recent Supreme Court decision." [Dalton v. Freeman, No. 22-0847
(E.D. Calif. Dec. 30, 2025)] MORE >>
PLANSPONSOR; registration may be required
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401(k) Plans as LPs: Implications for Stakeholders as Private Markets Access Broadens
"The opportunities are real, but so are the operational, legal, and reputational implications for any manager who accepts 401(k) capital.... For managers ... there is now a clear policy tailwind for defined contribution plans to invest into private markets. However, no
regulatory guidance or statutory efforts have been made to relax the DOL's core standards regarding investment management by plan fiduciaries ... The foregoing creates several practical implications." MORE >>
Robinson Bradshaw
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[Opinion]
DOL Statement on Withdrawal of Supreme Court Petition in Pizarro v. Home Depot
"The plaintiffs chose to abandon their petition rather than risk Supreme Court review after the [DOL] urged the Court to hear the case and reject the plaintiffs' legal theory,' said Solicitor Jonathan Berry. 'The department made the facts clear: ERISA does not impose
a special burden-shifting framework requiring defendants to disprove loss causation." [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; motion to dismiss filed Jan. 7, 2026)] MORE >>
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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[Opinion]
(Re)Empowering Fiduciaries in Proxy Voting
"Proxy voting should not be a rote box-checking exercise. It is a discretionary act within a relationship of trust that can influence corporate behavior, shareholder value, and client outcomes. A fund manager should be free to ask itself tough questions and to act in accordance
with the honest answers." MORE >>
Brian Daly, Director, Division of Investment Management, Securities and Exchange Commission [SEC]
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[Opinion]
Why Does Australia's Retirement System Outrank America's?
"The main critique of the Social Security program ... is that it operates on a pay-as-you-go basis, which makes it very vulnerable to demographic shifts.... The appeal of the Australian system to organizations ranking national retirement systems is that the main plan is
fully funded and protected from demographic shifts, and the Age Pension ensures that no one falls below any adequate standard of living." MORE >>
Alicia H. Munnell, Center for Retirement Research [CRR] at Boston College
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[Opinion]
Pension Reform Does Not Increase Income Inequality
"[T]he pension reforms that [a recent study] claims are detrimental to employees often lead to better benefits and retirement
security, while ensuring the sustainability of retirement systems. These reforms also prevent pension debt from crowding out essential public services during economic downturns -- ensuring that state and local governments can continue to serve their communities." MORE >>
Reason Foundation
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Benefits in General |
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[Official Guidance]
Text of Instructions for IRS Form 4547: Trump Account Election(x) (PDF)
Rev. Dec. 2025. "Use Form 4547 to make the election to establish an initial Trump account for the exclusive benefit of a child who is eligible for a Trump account. Also, use Form 4547 to make an election for a $1,000 pilot program contribution from the U.S.
Treasury to a child's Trump account if they are eligible for the contribution." [Also available: IRS Form 4547, Trump Account Election(s), and IRS Form 8879-TA, IRS e-file Signature Authorization for Form 4547, Trump Account Election(s)] MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
May Our Company Contribute to Employees' Trump Accounts? (PDF)
"[B]eginning July 4, 2026, employers may contribute to the Trump Accounts (TAs) of their eligible employees or the employees' dependents through a Trump Account Contribution Program (TACP).... [E]mployers making contributions pursuant to a TACP must affirmatively
indicate to the TA trustee that the contribution is an employer contribution excludable from the employee's gross income." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
New USPS Rule Means Postmark Date May Be a Day Later Than Before
"According to Internal Revenue Code Section 7502, when you mail a tax form, payment, or other document, the date shown on the USPS postmark is considered the date your item was received by the required entity ... However, in light of the new way the USPS processes mail, the
postmark date might actually be after the day you gave your item to the USPS. This means your document could be considered sent later than you expected, depending on when it gets processed and stamped. As year-end contribution and reporting deadlines approach, those still using the USPS and relying on a postmark date as proof of timely contribution, delivery, or filing should be aware of these developments." MORE >>
Ascensus
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Employee Benefits Jobs
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Selected New Discussions |
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Schedule R Question 21b (Or SF 14b)
"A 401k plan is a designed based safe harbor for both ADP and ACP testing; however, the plan allows after-tax contributions. The plan includes the match with the after-tax contributions to satisfy the ACP test (passes ACP just fine). My question is, how should Schedule R question
21b be answered (or 5500 SF 14b)? The question references both deferrals and match, without after-tax, the design would satisfy ACP."
BenefitsLink® Message Boards
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Press Releases |
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WTW Appoints Health and Benefits Leader for North America
WTW
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Groom Law Group, Chartered Reinforces its Federal Regulatory Experience with the Addition of Five Attorneys and One Policy Advisor from DOL, HHS, IRS, and PBGC
Groom Law Group
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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IRAs: Establishing and Amending
February 3, 2026 WEBINAR
Ascensus
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Groom’s 28th Annual Seminar
March 7, 2026 in DC
Groom Law Group
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Last Issue's Most Popular Items |
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Trump Accounts: IRS Compliance Guidance for Employers
Segal
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2026 Benefit Basics for Pension and Health and Welfare Plans
WTW
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Trump Accounts: The New Kid on the IRA Block
Seyfarth
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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