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Retirement Plans Newsletter

February 5, 2026

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💼  3 New Job Opportunities

 

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

"The question now before the Court is whether plaintiffs alleging imprudence based on underperformance must plead a 'meaningful benchmark' at the motion-to-dismiss stage and, if so, how closely the comparator must align with the challenged fund's objectives, risks, and strategy.... Briefing and oral argument will occur this spring and a decision is expected in or before June 2026." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025; cert. pet. granted Jan 16, 2026, No. 25-498)]  MORE >>

Baker Botts

Seventh Circuit Awards Deceased Worker's Retirement Plan Assets to Ex-Wife

"The U.S. 7th Circuit Court of Appeals awarded a deceased retirement plan participant's assets to his ex-wife, ruling that [the participant's] faxed beneficiary change request did not meet the [retirement] plan's formal requirements for changing beneficiaries.... Although the appellate court's three-judge panel agreed that his actions clearly showed intent, it ruled that his action was not similar enough to processes set forth in the plan documents to qualify." [Packaging Corp. of Am. Thrift Plan for Hourly Emps. v. Langdon, No. 25-1859 (7th Cir. Feb. 2, 2026)]  MORE >>

PLANSPONSOR; registration may be required

Borzi, Khawar Back Plaintiffs in ERISA Suit

"[T]wo former DOL officials have now weighed in supporting the plaintiffs in an ERISA litigation suit.... [T]he brief hearkens back to the environment pre-ERISA, and the history with the Studebaker-Packard Corporation's bankruptcy, and subsequent loss of pensions by its workforce that (eventually) provided the impetus for [ERISA].... They write that the suit 'plausibly alleges a concrete and particularized injury: a non-speculative, materially increased risk of nonpayment that is fairly traceable to the challenged fiduciary decision and redressable through ERISA's remedial provisions, including equitable relief.' "  [Konya v. Lockheed Martin Corp., No. 24-0750 (D. Md. Mar. 28, 2025; on appeal to 4th Cir. No. 25-2061)]  MORE >>

American Retirement Association [ARA]

DOL Offers Up Flurry of ERISA Briefs After Leadership Change

"[EBSA] filed four friend-of-the-court briefs in circuit courts alone in January, putting it on track to outpace the number the agency has filed in recent years.... The DOL is on track to easily outpace the seven briefs it put out in 2016, the most it filed annually in ERISA cases over the past ten years[.]"  MORE >>

Bloomberg Law

401(k) Settlements Highlight ERISA Litigation Divide

"Individual plan participants entangled in 401(k) excessive-fee and investment-underperformance lawsuits had a median recovery of just $67.79 in 2025, even as law firms representing plaintiffs averaged $1.59 million per case in fees ... While supporters of such complaints argue that litigation (and the threat of litigation) deter misconduct and force better plan practices, critics say the figures show workers gain little, while employers face mounting costs that ultimately shrink retirement benefits and plan services."  MORE >>

PLANSPONSOR; registration may be required

The Catch-Up Contribution Mess Is Coming: 401(k) Plan Providers Will Be Blamed

"Plan sponsors rely on providers because they cannot realistically master this level of detail themselves.... Providers who want to avoid being swept into the catch-up mess should focus less on marketing readiness and more on structural honesty. First, stop oversimplifying.... Second, document limitations clearly.... Third, help sponsors build internal processes.... Finally, resist the urge to promise protection."  MORE >>

The Rosenbaum Law Firm P.C. via JD Supra

Student Loan Matches Could Boost Retirement Savings by $200,000

"That estimate is contained in [Fidelity's] 2026 State of Student Debt study, which shows that, under Fidelity’s student debt repayment program, participants receive an average of $1,900 in employer contributions based on their student loan payments. ... [T]he average student loan borrower takes more than 10 years to repay their loans – if that individual received an employer contribution through the program for 10 years, that $1,900 annual contribution could grow to nearly $200,000 at retirement age."  MORE >>

American Retirement Association [ARA]

Survey Shows Target-Date Funds Increase Retirement Participants' Confidence

"71% of employed TDF investors feel confident about reaching their retirement goals, compared with just 58% of non-investors.... Among those with TDF options available within their employer-sponsored retirement plan, 83% of employed participants and 86% of retirees said they currently invest in TDFs, with the majority citing ease of use, built-in diversification, professional management and automatic rebalancing as their top reasons for investing in TDFs."  MORE >>

VOYA Financial

Re-Examining the Advisor-Record Keeper Relationship

"Recordkeepers are expanding into wealth management, managed accounts, and participant-level services -- areas once reserved for advisors.... These dynamics risk becoming co-option -- where advisors, dependent on recordkeepers for referrals, technology, and even marketing support, lose their independence. When that happens, plan sponsors and participants may face higher costs, less transparency, and weaker fee negotiations."  MORE >>

Multnomah Group

Solving the Retirement Income Puzzle One Piece at a Time

"All baby boomers will be older than 65 at the start of the next decade ... That's a big pipeline of retirees, many who will be seeking guidance on managing their retirement nest egg. And it creates an opportunity for you to position your practice as the go-to source for comprehensive retirement income solutions and develop a more loyal and committed client base."  MORE >>

T. Rowe Price

A Turning Point for Proxy Advisors: JPMorgan's AI Pivot Amid Intensifying Regulatory Scrutiny

"The increased attention from regulators, lawmakers, and major market participants such as JPMorgan suggests that the role and influence of these firms are under unprecedented scrutiny. While companies should continue to follow established guidelines and best practices, and utilize market trends to inform their proxy voting and governance strategies, it is equally important to remain adaptable."  MORE >>

Winston & Strawn LLP

Social Security Actuarial Note Number 2025.4: Illustrative Benefits for Retired Workers, Disabled Workers, and Survivors Scheduled Under Current Law (PDF)

Updated Feb. 5, 2026. "[F]our tables show estimated future benefits consistent with earnings in 2024 and age in 2025. Each table lists earnings in 2024 at various ages and annual benefit amounts at entitlement for example workers with full-lifetime average earnings levels of $20,000, $40,000, $60,000, $80,000, $100,000, $120,000, and the taxable maximum.... [T]he benefit amounts assume no increase in price levels or in average wage levels after 2024."  MORE >>

U.S. Social Security Administration [SSA]

Employee Benefits Jobs

💼

Data Administrator II

DWC - The 401(k) Experts

Remote

View job as Data Administrator II for DWC - The 401(k) Experts

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Senior Manager of Retirement Plan Administration

HIS Envoys Group

Remote / Colorado Springs CO / Villa Park IL / Hybrid

View job as Senior Manager of Retirement Plan Administration for HIS Envoys Group

💼

Chief Compliance Officer

HIS Envoys Group

Remote / Colorado Springs CO / Villa Park IL / Hybrid

View job as Chief Compliance Officer for HIS Envoys Group

Selected New Discussions

SDB at Plan Termination

"Plan that is terminating has only one participant with balance in SDB and the security is currently not tradable. The Plan sponsor wants to close the plan what option do we have? Can the plan sponsor direct to move the SDB to a different fund?"

BenefitsLink® Message Boards

Correcting a Plan Limit Failure with Roth + Pre-Tax Ed

"A 401(k) plan allows for Roth contributions. It also contains a provision limiting deferrals to 10% of participant compensation. A participant contributes 12% of their pay in both ED (pre-tax) and Roth throughout the year (1/1/2025 through 12/31/2025). It is now just discovered and deemed an operational failure for not following the terms of the plan document. The plan document does not outline how this should be corrected. The plan sponsor is self-correcting under EPCRS. Is there any guidance on how to determine what excess to refund? (given that the participant deferred both pre-tax and Roth) Is it last in -- first out? Is it prorated somehow? Or is there no guidance on this and the plan sponsor should just choose something and be consistent?"

BenefitsLink® Message Boards

Press Releases

RPAG Launches Auto Assistant, AI-Powered Answer Engine for Retirement Plan Advisors

RPAG

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

Private Assets Through a Litigation and Fiduciary Lens

February 26, 2026 WEBINAR

Defined Contribution Institutional Investment Association [DCIIA]

Nondiscrimination Testing for Defined Benefit Plans: The Fundamentals

March 27, 2026 WEBINAR

American Society of Enrolled Actuaries [ASEA]

Last Issue's Most Popular Items

IRS Updates Safe Harbor Explanations for Retirement Plan Eligible Rollover Distributions

Vorys

IRS Disaster Relief Announcement MT-2026-02, for Taxpayers Impacted by Severe Storms and Flooding in the State of Montana

Internal Revenue Service [IRS]

Dell Facing $318M ERISA Lawsuit Over Alleged 401(k) Mismanagement

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

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