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Retirement Plans Newsletter

January 15, 2026

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💼  8 New Job Opportunities

 

[Official Guidance]

Text of IRS Notice 2026-13: Safe Harbor Explanations for Eligible Rollover Distributions (PDF)

"This notice provides two safe harbor explanations that plan administrators may use ... to provide certain information to recipients of eligible rollover distributions. One safe harbor explanation is for distributions that are not from a designated Roth account, and the other safe harbor explanation is for distributions from a designated Roth account. These safe harbor explanations modify the two safe harbor explanations provided in Notice 2020-62 ... [to] take into consideration certain legislative changes made by [SECURE 2.0] and implement a recommendation from the U.S. Government Accountability Office (GAO)."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

MEP/PEP: The "Bad Apple" Rule is Gone. The Risk Isn't.

The law has changed, but your liability hasn't. ASC's software identifies bad data and can fix compliance results before they become legal issues. Run your MEP/PEP with the confidence of an individual plan. Learn more.

Sponsored by ASC

[Official Guidance]

Text of FRTIB Final Regs: Federal TSP Roth In-Plan Conversions

"[FRTIB] is amending a regulation to permit participants in the Thrift Savings Plan (TSP) to convert amounts in their traditional TSP balances to their Roth TSP balances, subject to applicable tax consequences.... A participant or beneficiary participant may request up to a maximum of 26 Roth in-plan conversions per calendar year. To be eligible for a Roth in-plan conversion, the participant or beneficiary participant must have a vested account balance of at least $500 at the time of the request. The total amount of a conversion request must be at least $500."  MORE >>

Federal Retirement Thrift Investment Board [FRTIB]

[Official Guidance]

Text of Instructions for IRS Form 5310-A: Notice of Plan Merger or Consolidation, Spinoff, or Transfer of Plan Assets or Liabilities; Notice of Qualified Separate Lines of Business (PDF)

Rev. Dec. 2025. "Form 5310-A is used by employers to give notice of: [1] A plan merger or consolidation that is the combining of two or more plans into a single plan. [2] A plan spinoff that is the splitting of a single plan into two or more spinoff plans. [3] A plan transfer of plan assets or liabilities to another plan that is the splitting off of a portion of the assets or liabilities of the transferor plan and the concurrent acquisition or assumption of these split-off assets or liabilities by the transferee plan. [4] Qualified separate lines of business (QSLOBs).... An IRS determination letter will not be issued when a Form 5310-A is filed."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Draft Instructions for 2025 IRS Form 8955-SSA: Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits (PDF)

Dec. 30, 2025. "Use Form 8955-SSA to report information relating to each participant who separated from service covered by the plan and is entitled to a deferred vested benefit under the plan but is not paid this retirement benefit[.]"  MORE >>

Internal Revenue Service [IRS]

Third Circuit Holds No Deference Due Where Administrator Fails to Articulate an Interpretation of an Ambiguous Plan Term

"The plan granted the plan administrator discretionary authority to interpret the plan's terms, which in the normal case would set a high bar to overturn the plan's determinations. But because the Third Circuit determined that the plan administrator's denial of the participant's appeal did not adequately explain the basis for the denial, the plan forfeited those protections altogether, and the participant's benefits were reinstated." [Rombach v. Plumbers Local Union No. 27 Pension Fund, No. 24-2482 (3d Cir. Nov. 6, 2025)]  MORE >>

Proskauer

House Passes Bill to Limit Consideration of ESG Factors in Retirement Plan Investments

"The House today passed a bill designed to require that fiduciaries must base investment decisions solely on economic factors while explicitly limiting the consideration of factors such as environmental, social and governance (ESG) criteria, when selecting investments or managing plan assets.... [T]he Protecting Prudent Investment of Retirement Savings Act [HR 2988] seeks to amend [ERISA] to reinforce a pecuniary-only standard for fiduciaries who work with ERISA-covered retirement plans, including 401(k)s and pensions."  MORE >>

Financial Advisor

Retirement Policy in Focus: Key Bills to Watch in 2026

"Current proposals focus on practical improvements such as streamlining plan administration, expanding access for younger and independent workers, and introducing greater flexibility in investment and income options.... [This article describes] the retirement bills that have been introduced in this Congress, including what they mean to employers and what plan design decisions may lie ahead."  MORE >>

Principal Financial Group

Beyond the Numbers: Leveraging the Plan Contribution Limits

"Advisors should work with plan sponsors to determine how the increased limits may impact plan administration. For traditional 401(k) plans, your clients may need to consider whether the increased deferral limits could impact nondiscrimination testing results. Sponsors who offer safe-harbor, matching, and profit-sharing contributions should monitor matching formulas and safe-harbor contributions to determine whether adjustments are necessary."  MORE >>

Spectrum Consultants

Employees Are Tapping Their Retirement Savings

"38% of employees say they've tapped their retirement funds -- and a third (33%) plan to do so within the next year.... Addressing these issues requires more than simply offering a retirement plan; it calls for a holistic approach to benefits.... [1] Help employees maximize existing benefits ... [2] Introduce emergency savings accounts ... [3] Make financial advice more accessible ... [4] Keep conversations open."  MORE >>

Employee Benefit News [EBN]; login required

Nest Eggs and Lifelines: The Overlooked Strain of Economic Volatility on 401(k) Participants

59 pages "[T]he effects of economic volatility on 401(k) values extend well beyond retirees. Because these accounts serve a dual purpose -- funding both retirement and, at times, current spending -- workers who are years away from retirement also feel the impact. This Article examines the ... consequences of economic volatility ... on 401(k) plan participants, including the ways in which inflation and recessionary pressures may drive pre-retirement withdrawals."  MORE >>

Samantha Prince, PennState Dickinson Law

Annuity Contract Footnotes Advisors Should Explain

"Identifying clients' goals, comparing them to the footnotes and helping them find a product that will allow them to reach their goals sooner will solidify the advisor's position as an experienced resource.... Clients are often unaware if their annuity includes a surrender period, or they assume the surrender period for one annuity will be the same for each product ... It's important for advisors to clarify that while these products are marketed as having no fees, the returns shown to clients are net of all fees."  MORE >>

ThinkAdvisor

Expanding Retirement Readiness: Why Consider a 457(b) Plan?

"For public schools, both the 403(b) and 457(b) are non-ERISA governmental retirement plans, meaning they are not subject to ERISA. While the two plans share many similarities ... [t]he ability to take penalty-free distributions upon separation -- regardless of age -- is one of the most significant advantages of the 457(b) plan."  MORE >>

American Retirement Association [ARA]

Benefits in General

[Official Guidance]

EBSA Updates National Enforcement Projects for Employee Benefit Plans

"The changes to the national enforcement projects ... highlight where EBSA will focus its enforcement resources to increase broad-based employee benefit plan compliance, address abusive practices and bad actors, and deliver results that increase security for participants and beneficiaries.... investigators will prioritize cases related to: [1] Cybersecurity; [2] Barriers to mental health and substance use disorder benefits; [3] Protecting benefit distributions; [4] Retirement asset management; [5] Surprise billing; [6] Criminal abuse of contributory benefit plans. EBSA will continue its long-standing commitment to identifying abusive Multiple Employer Welfare Arrangements [MEWAs] ... EBSA removed [ESOPs] from the national enforcement project list and will reduce its focus on missing participants following the establishment of the Retirement Savings Lost and Found Database."  MORE >>

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

[Guidance Overview]

New Year, New Benefits: Trump Accounts Offer a New Opportunity for Employer-Sponsored Benefits

"Trump Accounts present a meaningful new benefits opportunity for employers through tax-free employer contributions under Section 128 and pre-tax employee contributions through Section 125 cafeteria plans. Although Trump Accounts cannot receive contributions before July 4, 2026, employers interested in the benefit can begin evaluating budget considerations, program design, trustee coordination and nondiscrimination rules."  MORE >>

Pillsbury Winthrop Shaw Pittman LLP

The Year In ERISA Litigation: 2025 Trends And What to Watch In 2026 (PDF)

"What we saw in 2025: [1] Supreme Court: lowering the pleading bar for prohibited transaction claims ... [2] Defined benefit plans: evolving pension risk transfer and actuarial equivalence litigation ... [3] Defined contribution plans: expanding fiduciary breach theories ... [4] Health plan litigation: mounting cases even as health plan fiduciaries score wins ... [6] The Trump administration focuses on ERISA ... What [to watch] in 2026: [1] ERISA in the Supreme Court: the meaningful benchmark divide ... [2] ERISA jury trials in the Second Circuit: the saga continues."  MORE >>

Willkie Farr & Gallagher LLP, in Mealey's Litigation Report

Employee Benefits Jobs

💼

Plan Manager

Automotive Industries Trust Funds

Dublin CA / Hybrid

View job as Plan Manager for Automotive Industries Trust Funds

💼

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

💼

Internal Sales Consultant

Pentegra

Remote / Putnam Valley NY

View job as Internal Sales Consultant for Pentegra

💼

Institutional Retirement Services Relationship Manager

Fulton Bank

Plymouth Meeting PA

View job as Institutional Retirement Services Relationship Manager for Fulton Bank

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Manager, US Pension & Benefits

Suncor Energy

Commerce City CO

View job as Manager, US Pension & Benefits for Suncor Energy

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Junior Pension Support Administrator

Strategic Pension Services, LLC

Remote / Selkirk NY / Hybrid

View job as Junior Pension Support Administrator for Strategic Pension Services, LLC

💼

3(16) Retirement Installation Manager

The Finway Group

Remote

View job as 3(16) Retirement Installation Manager for The Finway Group

💼

Relationship Manager

Trinity Pension Consultants

Remote / Barberton OH / Hybrid

View job as Relationship Manager for Trinity Pension Consultants

Selected New Discussions

Late 5500 Filed, Extension Not Recognized

"We have a 401k plan with a 3/31 PYE. We filed a 5558 before 10/31, completed the 5500, which was filed around 12/20. However, the IRS sent a letter stating that the 5558 was received late and therefore was rejected. The 5558 was not mailed with tracking and not filed electronically. Just curious as to whether the plan sponsor has any options here. They already filed, apparently late, but that has not yet been 'caught' or addressed by the IRS. Can they file via DFVCP, pay the fine, and put this behind them? But is DFVCP available if they are already filed?"

BenefitsLink® Message Boards

Investment Proceeds Deposited to Wrong Plan

"I have a long time client that has both a 401(k) Plan and a Cash Balance Plan. These plans have been in place for quite a while and each has 1 -2 million in assets. Here's the problem, the defined benefit plan's assets consisted of all CD's. As they all became due during 2025, the proceeds from the CD's were mistakenly transferred to the 401(k) plan leaving the DB plan with zero assets. I don't see any good solution for this problem. If I was pressed, I would suggest transferring the assets back into the DB plan with an estimated income adjustment. Using this approach, how much risk would there be if the plan would be audited in the future? Could the risk potentially be as great as a disqualification of both plans?"

BenefitsLink® Message Boards

Income Tax Withholding on Elective Deferrals

"Employee elected 100% of pay to be contributed as pre-tax elective deferral. The elective contribution would of course be reduced by payroll taxes, but can it also be reduced by income tax withholding? Unique situation here where someone has a $10k supplemental wage payment, elected 100% elective deferral (which is permitted by plan). Should there be income tax withholding on the amount of employee share of FICA & Medicare taxes, so as to reduce the elective deferral? Is there authority for that, or should the elective deferral be equal to 100% of ($10k less EE payroll taxes)."

BenefitsLink® Message Boards

Press Releases

Court Orders Engineering Firm, Owner to Restore $45k in Retirement Assets to Company's 401(k) Plan, Distribute Funds to Former Employees

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

ICI Announces Trump Account Matching Contribution

ICI [Investment Company Institute]

Aflac Joins Workday Wellness Partner Program to Provide a More Personalized Benefit Experience to Support Employee Health

Aflac

Last Issue's Most Popular Items

The SECURE 2.0 Act Amendment: What Employers Can Expect in 2026

Employee Fiduciary

USPS Final Postmark Rules May Complicate Timely Tax Filings

Morgan Lewis

Text of IRS Form 5330: Return of Excise Taxes Related to Employee Benefit Plans (PDF)

Internal Revenue Service [IRS]

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

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