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Retirement Plans Newsletter
February 10, 2026
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💼 5 New Job Opportunities
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[Official Guidance]
Draft of Instructions for IRS Form 5330: Return of Excise Taxes Related to Employee Benefit Plans (PDF)
Rev. Dec. 2025; 18 pages. "What's New: [1] Financial institution that is a disqualified person ... [2] Direct deposit and electronic payments." MORE >>
Internal Revenue Service [IRS]
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Courts Scrutinize ERISA Fiduciary Process: Are You Prepared?
"Over the last decade, a line of US Supreme Court decisions ... have pushed fiduciary risk away from a focus on investment results and squarely onto the quality of the process and the paper trail that supports it. Together with regulatory guidance, these cases send a simple
message: Under ERISA, prudence is a living, documented process, not a scoreboard of quarterly returns." MORE >>
Hall Benefits Law in Bloomberg Tax
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Does the DOL Have Your Back in Forfeiture Lawsuits?
"[T]he [DOL] recently filed its fourth amicus brief supporting employers in 401(k) forfeiture disputes.... The DOL's active involvement in these cases is good news for plan sponsors. These types of suits, which challenge acts permitted under current law, are designed simply
to force a quick 'nuisance' settlement. It is the hope that the DOL's continued support and legal involvement will curb these suits quickly." MORE >>
Bricker Graydon
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Pension Plan Utilization: Turning Surplus Into Strategy
"While a surplus signals strong funding health, it also raises questions about how best to deploy excess assets within regulatory constraints. To make informed choices, plan sponsors need clear insight into what drives pension surpluses, how excess assets can be applied
effectively and the compliance requirements that protect both organizational financial goals and employees' long‑term retirement security." MORE >>
USI Consulting Group
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Prudence in Action: Why Your 401(k) Process Matters
"This emphasis on process means sponsors may be better positioned to demonstrate prudence when they keep clear records describing how decisions were made, who participated, and what information was considered at the time. A well‑organized process can support a plan's ability
to respond to regulatory inquiries, even when market conditions create challenges." MORE >>
Savant
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The Decumulation Dilemma: Deciding Between a Lump Sum vs. an Annuity
32 pages. "Retirees who received a lump sum report an average balance of around $100,000.... The pace of depletion has accelerated over time: in 2017, retirees who depleted their lump sum did so in 5½ years, on average; by 2022, that timeframe had shortened to 5 years;
and, today, lump sums are being depleted in just 4½ years. This rapid drawdown leaves many retirees vulnerable, especially given that those with remaining funds estimate they have only 11 years of money left on average -- far short of the 20-plus years many will spend in retirement" MORE >>
MetLife
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Americans Without Access to a Workplace Retirement Plan Probably Aren't Saving at All
"[M]any workers still lack access to employer-provided retirement plans, have minimal savings, and face growing tradeoffs between saving for retirement and meeting basic financial needs ... [F]ew people contribute to IRAs on their own.... [A]lmost half of American workers do
not participate in any employer-sponsored retirement plan, and that percentage has held steady for nearly half a century." MORE >>
401(k) Specialist
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Nearly Half of Advisers Show Increased Interest in Model Portfolios
"Financial advisers are evolving from stock pickers to relationship builders ... 42% of advisers surveyed in September 2025 and October 2025 said they were using model portfolios more in the last two years than they had previously, compared with 29% who said the
same in 2023." MORE >>
PLANADVISER
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Policy Considerations for Public Sector Retirement Plan Investment in Bitcoin, Stablecoins, and Other Cryptocurrencies
61 pages. "As Bitcoin, regulated stablecoins, and crypto-linked equities have gained legitimacy in institutional finance through recent federal actions, a handful of public pension funds have begun taking limited exposure, and many more have been quietly exploring the possibility
of entering the market. This report finds that Bitcoin's growing institutional and monetary adoption, its fixed supply, and historical performance indicate that it can be a legitimate -- though highly volatile -- return and diversification instrument for public pensions." MORE >>
Reason Foundation
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Pension Funding Index, February 2026
"The funded status of the 100 largest corporate defined benefit pension plans increased by $10 billion during January ... The funding surplus improved to $109 billion during the month ... Pension liabilities fell during the period due to a small increase in
the benchmark corporate bond interest rates used to value those liabilities. As of January 31, the funded ratio climbed to 109.0%, up from 108.2% at the beginning of the year." MORE >>
Milliman
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[Opinion]
It's Time to Unleash 401(k)s
"When workers set one up through brokerages like Fidelity or Voya, they learn that their 'choices' are limited to mutual funds, target-date funds, and perhaps a bond fund.... Such limits don't come from brokerages or technological
barriers. A federal law called [ERISA] regulates 401(k)s. Passed a half-century ago, it imposes a mindset that's both infantilizing and outdated, and in practice is designed less to empower workers than protect employers from lawsuits." MORE >>
The Independent Institute
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Benefits in General |
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Holistic Tax-Advantaged Benefit Strategy: A Smarter Way to Optimize Employee Benefits
"By taking an integrated approach to managing health and retirement programs, employers can unlock meaningful tax efficiencies across health savings accounts (HSAs), flexible spending accounts (FSAs), transportation benefits, and retirement plans like 401(k)s and 403(b)s. The
real driver of these savings? Increasing employee participation in tax-advantaged plans." MORE >>
USI Consulting Group
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Executive Compensation and Nonqualified Plans |
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NQDC Plan Participation Climbs to a Record High
"Seven in ten eligible executives maintain an NQDC account balance, the highest level recorded by PSCA.... Nearly 86% of employers cite maintaining a competitive benefits package as a top reason for offering an NQDC plan.... Participants deferred an average of 10% of base salary
and 23% of bonus pay in 2025.... Nearly 80% of employers contribute to NQDC plans, with almost half offering a 'restoration match' to replace benefits lost due to qualified plan limits." MORE >>
Plan Sponsor Council of America [PSCA]
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Employee Benefits Jobs
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Selected New Discussions |
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Frozen Cash Balance Plan + Profit Sharing Requirements
"We have a Cash Balance Plan that froze its benefits early in 2025 (before anyone incurred 1,000 hours). Generally they have been making the 7.5% Profit Sharing contribution, in conjunction with the Cash Balance Contribution. My question is, with the Cash Balance frozen are they
still obligated to make the Profit Sharing? Or is that back to a discretionary contribution and they can make any level since there's no Cash Balance contribution being made (there is no requirement)?"
BenefitsLink® Message Boards
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Does a Downpayment for a Rented Home Qualify as a Hardship?
"We have a participant who is asking if this situation falls under a Hardship: Due to a legal divorce, the participant has to move out of their house and needs a deposit for an apartment (first and last month's rent). It's not purchasing a primary residence, so I
wasn't sure if this would apply."
BenefitsLink® Message Boards
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Press Releases |
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BakerHostetler Bolsters Employee Benefits Team with Addition of Veteran Tax Attorney Joseph P. Yonadi Jr. in Cleveland Office
BakerHostetler
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Last Issue's Most Popular Items |
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ERISA Fiduciary Litigation in 2025: Plaintiff Law Firms Continue the Frenetic Pace, With Broader Allegations Against Both Retirement Plans and Health Plans
Encore Fiduciary
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Seventh Circuit Rules Attempted Retirement Plan Beneficiary Change Failed Substantial Compliance Test
Hinshaw & Culbertson LLP
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Almost 20 Years of Section 409A: Is Your Documentation Still in Sync?
Seyfarth via JDSupra
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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