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Retirement Plans Newsletter

January 12, 2026

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[Official Guidance]

Text of PBGC Comprehensive Premium Filing Instructions for 2026 Plan Years (PDF)

68 pages. "There are two kinds of annual premiums: Flat-rate Premium, which applies to all plans, and Variable-rate Premium (VRP), which applies only to Single-employer Plans. Every covered plan under ERISA section 4021 must make a premium filing each year.... Electronic filing is mandatory for all plans.... This document provides information for plans paying premiums for plan years beginning in 2026, including instructions for each data element that must be reported."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Sponsor]

Pensions on Peachtree 2026: Game on! Registration now OPEN!

ADVENTURERS WANTED! Pensions on Peachtree hits Atlanta April 23–24. Join FBLC for a high-stakes expedition through ERISA compliance. Earn CE credits, navigate complex designs, & network with top guides. Your next move is everything. Register now!

Sponsored by Ferenczy Benefits Law Center

DOL Files Amicus Brief Clarifying Legal Framework for Pension Risk Transfers

"Filed as part of an ongoing effort to stop regulation by litigation, the brief ... reiterates the appropriate standards for derisking transactions known as pension risk transfers.... In the brief, the department said fiduciaries enjoy deference a long as they engage in the pension risk transfer process in a way that demonstrates prudence and loyalty." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025; on appeal to 4th Cir. No. 25-2061)]  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

DOL Urges Dismissal of Lockheed Martin PRT Case

"The [DOL's] amicus brief argued that participants who continue to receive their full pension benefits cannot sue over a pension risk transfer.... The filing is part of a broader DOL effort to rein in what it described as 'regulation by litigation' that threatens the employers trying to transfer to an insurer the obligations owed under [ERISA-governed] defined benefit pension plans." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025; on appeal to 4th Cir. No. 25-2061)]  MORE >>

PLANADVISER

SECURE 2.0: Long Term Care Insurance Distribution

"The provision went into effect Dec. 29, 2025, and allows allow participants to take penalty-free withdrawals (up to $2,500 annually, indexed) from retirement plans to pay for high-quality, certified long-term care insurance premiums, though the distributions remain subject to ordinary income tax. Most plans have not added this provisions (82 percent) with only 1.5 percent already adding it and 1.5 percent adding it this year (currently adding to plan documents), though 25 percent are considering it."  MORE >>

Plan Sponsor Council of America [PSCA]

Priorities for DB Sponsors to Consider in 2026

"[1] Protect funded status (LDI) ... [2] Monitor funded status more frequently ... [3] Manage pension expenses strategically ... [4] Re-evaluate minimum funding choices (market-based vs. stabilized rates) ... [5] Address participant data accuracy ... [6] Develop a plan for surplus assets ... [7] Prepare for pension risk transfer."  MORE >>

Principal Financial Group

The Retirement Account Lost and Found: A Challenging Quest

"Some estimates say there are more than 24 million 'orphaned' retirement accounts in the U.S. That's a lot of meals, mortgages, and dream vacations left on the table! And for plan professionals it's a tangled knot of compliance headaches, administrative burdens and more."  MORE >>

American Retirement Association [ARA]

Social Security Moving to Nationwide System to Manage Caseload

"The Social Security Administration is rolling out nationwide systems in the coming months that will impact how the agency schedules appointments for initial claims and triages its workload to employees.... Employees are wary that these changes will introduce more complexity to their workloads, as well as a higher risk of overpayments that SSA would have to claw back."  MORE >>

Federal News Network

Measuring and Managing Financial Risks in Retirement

"The last three years were good years for equity returns. Despite higher-than-expected essential expense costs, many retirees may be looking at beginning-of-year 2026 Funded Statuses in excess of 140% and may be contemplating increasing their spending for 2026 as a result.... [The authors] suggest that you take the time to kick the tires on your plan to see how it will hold up under possible less-favorable-than assumed future experience."  MORE >>

Ken Steiner, FSA Retired

[Opinion]

DOL’s PRT Annuity Amicus Brief: Dismantling ERISA

"On January 9, 2026, the [DOL] filed an amicus brief defending Pension Risk Transfer (PRT) annuities -- arguing, astonishingly, that stripping retirees of ERISA protections, PBGC insurance, and diversified pension trusts causes no material harm to participants.... This brief is not a neutral statement of law. It is an industry advocacy document that -- if accepted by courts -- would effectively legalize the quiet dismantling of defined benefit pensions, one annuity contract at a time." [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025; on appeal to 4th Cir. No. 25-2061)]   MORE >>

The Commonsense 401(k) Project

Benefits in General

[Guidance Overview]

Initial Guidance Released on Trump Accounts

"To provide employer contributions, an employer must establish a Section 128(c) 'Trump account contribution program'  ... Employers that establish a Trump account contribution program will also be subject to similar requirements that apply to Section 129 Dependent Care Assistance Programs (DCAPs) ... regarding discrimination, eligibility, notification, statements, and benefits.... [C]ontributions can be made via salary reductions as a part of an employer's Section 125 cafeteria plan if the contribution is made to the Trump account of the employee's dependent[.]"  MORE >>

Sequoia

[Guidance Overview]

Trump Accounts: What's Still to Come?

"[IRS Notice 2025-68] lacked some details about the administration of Trump Accounts, such as guidance for employers on how they can fund the plans and roll money out of them for their employees.... The industry is still waiting for guidance on what trustees must do if the annual fees and expenses on a participant's investments change and exceed the 10 basis points, stated in the notice[.]"  MORE >>

PLANSPONSOR; registration may be required

Fifth Circuit Addresses Arbitration and Remedies in ERISA Dispute

"This decision is noteworthy insofar as it emphasizes the importance of drafting arbitration clauses to align with the parties' intent and because the Fifth Circuit did not adopt the approach of the Fourth Circuit in rejecting the make-whole remedy of surcharge in ERISA fiduciary breach cases." [Aramark Services, Inc. Group Health Plan, v. Aetna Life Ins. Co., No. 24-40323 (5th Cir. Dec. 18, 2025)]  MORE >>

Miller & Chevalier

Selected New Discussions

Life Insurance in a Cash Balance Plan

"I am the TPA for a client with an over-funded cash balance plan. Husband and wife participants. Both age 42. His investment advisor is recommending that the plan purchase a life insurance policy. I recall a time when life insurance was a popular choice in DB plans but primarily to fund contributions. I no longer have any plans that contain a life insurance product and prefer to keep it that way. His plan will need to be amended to permit this. Since I am not current on the rules, I would love to hear from some of you experts who can give me an opinion on whether it makes sense to purchase one from an over-funded CB plan?"

BenefitsLink® Message Boards

Press Releases

Health-E Commerce®, WEX, Inc. Team Up to Simplify Tax-free Flexible Spending Accounts (FSAs) and Health Saving Accounts (HSAs) Accounts for Consumers and Employers

Health E-Commerce

Birches Health Appoints Cigna-Evernorth Veteran Andrew DiGiacomo as SVP of Strategy

Birches Health

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

ERISA, Innovation, and the Future of Retirement Plans

PODCAST

Raskin Global

What Vanguard’s 2026 Market Outlook Means for Retirement Plan Sponsors

ON-DEMAND WEBINAR

Multnomah Group

Roth IRAs: What You Need to Know

February 12, 2026 WEBINAR

Ascensus

Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers

March 17, 2026 WEBINAR

BARBRI

Last Issue's Most Popular Items

New USPS Rule Means Postmark Date May Be a Day Later Than Before

Ascensus

Surplus Pension Assets Increase But Effective Strategies Are on Latest IRS 'No Rule' List

Groom Law Group

May Our Company Contribute to Employees' Trump Accounts? (PDF)

Thomson Reuters / EBIA

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

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