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Retirement Plans Newsletter
February 8, 2026
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💼 New Job Opportunity Today
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Seventh Circuit Rules Attempted Retirement Plan Beneficiary Change Failed Substantial Compliance Test
"Plan sponsors should take this ruling as an opportunity to review and strengthen their beneficiary designation procedures ... First, ensure that plan documents clearly articulate the methods by which participants may designate or change beneficiaries ... Second, train
HR personnel to recognize informal beneficiary change requests ... Third, consider implementing confirmation systems that notify participants when beneficiary changes have been successfully processed ... Fourth, consider conducting a beneficiary designation review and audit." [Packaging Corp. of Am. Thrift Plan for Hourly Emps. v. Langdon, No. 25-1859 (7th Cir. Feb. 2, 2026)] MORE >>
Hinshaw & Culbertson LLP
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DOL Continues to Back Plan Sponsors and Fiduciaries in ERISA Forfeiture Litigation
"In all four of its amicus curia briefs, the DOL has explained its position that, where a plan allows forfeitures to be used to offset employer contributions or pay plan expenses, there is no breach of fiduciary duty where a plan fiduciary decides to use forfeitures to offset
employer contributions." MORE >>
Holland & Knight
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What a PEP Changes -- and What It Doesn't -- for Employers
"By shifting many administrative and fiduciary duties to a pooled plan provider (PPP), employers can spend less time managing plan mechanics and more time focusing on their business and employees. That said, a PEP does not eliminate employer responsibility entirely ... [It]
creates a clearer, more efficient division of responsibilities that often offers employers greater peace of mind." MORE >>
PLANSPONSOR; registration may be required
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How Will AI Redefine Retirement Plans by 2030?
"[A]rtificial intelligence (AI) and blockchain are seen as major catalysts in plan administration and participant experience. AI is anticipated to enhance personalized financial guidance, predictive modeling, and customized communications." MORE >>
American Retirement Association [ARA]
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PBGC Reports Continued Long-Term Strength in Insurance Programs
"The net financial position of the single-employer insurance program is projected to increase significantly over the next 10 years ... The net financial position of the multiemployer insurance program is likely to remain positive for more than 40 years." MORE >>
Milliman
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Advisor Support Builds Confidence for Younger Savers
"[T]he confidence boost tied to having an advisor is actually most pronounced among lower-balance savers. In other words, professional guidance may be especially impactful for younger employees who are still in the early stages of building wealth. That matters, because Gen Z is
already engaging with retirement saving." MORE >>
FiduciaryAdvisors LLC
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The Longevity Risk Most Retirement Plans Ignore
"The risk that receives the least amount of attention is likely a cognitive decline ... Studies have shown that financial literacy peaks in the mid-50s and declines steadily thereafter, even among those without diagnosed cognitive impairment. The ability to evaluate complex
financial investment decisions, recognize fraud, and manage tax-efficient withdrawals diminishes exactly when the stakes are the highest." MORE >>
24/7 Wall St.
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Retirees: Should You Take RMDs Early in the Year or Wait?
"[T]he main advantage of delaying until later in the year is a bit of extra tax-deferred compounding.... The big benefit to taking RMDs as soon as possible is to ensure that you don't forget and risk a penalty. ... Taking distributions semiannually, quarterly, or
monthly, with those distributions equaling the full-year RMD amount, helps ensure that you receive a range of prices for the assets that you sell." MORE >>
Morningstar
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[Opinion]
The Engineers, Analysts and Operators of DC Lifetime Income
"[It] is not necessary to garner comprehensive familiarity with everything that's involved in these programs in order to provide the support clients need.... [T]hese three stacks are shaping up ... Each of these stacks seems to be developing their own dialect and
focus.... Each of these stacks seems to be developing their own dialect and focus." MORE >>
The Business of Benefits
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Benefits in General |
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[Opinion]
ERISA Fiduciary Litigation in 2025: Plaintiff Law Firms Continue the Frenetic Pace, With Broader Allegations Against Both Retirement Plans and Health Plans
"By expanding their allegations against ERISA plans, plaintiff firms unlocked the ability to sue individual plan sponsors, and sometimes individual plans, multiple times.... [O]ver a dozen companies ... faced multiple class ERISA lawsuits over the past two years, some by the
same plaintiff firm. [This article provides an] analysis of ERISA litigation ... to highlight its unfairness to the plan sponsor community, and its impact on the fiduciary liability insurance market." MORE >>
Encore Fiduciary
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
Almost 20 Years of Section 409A: Is Your Documentation Still in Sync?
"As the 20‑year mark approaches, now is the perfect moment for a quick compliance check. Over time, plan administration often drifts from what the written document actually says. And with Code Section 409A's unforgiving rules, even small mismatches can trigger
significant tax implications for the participant, including immediate income inclusion, a 20% penalty tax on the amount involved, and additional penalties and interest. Worse yet, Code Section 409A often limits an employer's ability to fix problems simply by amending the written plan document." MORE >>
Seyfarth
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Situations to Watch for When Your Tax Return Involves Equity Comp and Stock Sales
"[1] You sold any or all of the shares at the time of RSU vesting, option exercise, or ESPP purchase ... [2] You report a stock sale with the unadjusted cost basis shown on Form 1099-B from your broker ... [3] You report W-2 income received from
equity compensation ... [4] You exercised incentive stock options and held the shares ... [5] You triggered the AMT from an ISO exercise/hold in an earlier tax year." MORE >>
Forbes; subscription may be required
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Employee Benefits Jobs
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Selected New Discussions |
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Exclude HCEs from Safe Harbor Plan Prior to Beginning of the Year
"Can you make an amendment to exclude HCEs from being eligible for a Safe Harbor plan (effective 1/1 and amended at least 30 days before beginning of the year)? These HCEs already met the plan's eligibility requirements."
BenefitsLink® Message Boards
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Last Issue's Most Popular Items |
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How the USPS Postmark Rule Impacts Retirement Plan Compliance
Milliman
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Bipartisan Bill Introduced to Simplify Form 5500 Reporting
American Retirement Association [ARA]
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Trump Accounts: A New Player in the Employee Benefits Lineup
Amundsen Davis
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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