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Retirement Plans Newsletter
February 11, 2026
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💼 3 New Job Opportunities
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[Guidance Overview]
IRS Employee Plans News, February 10
Internal Revenue Service [IRS]
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[Sponsor]
Don’t Miss Out: Pensions on Peachtree 2026 is Filling Fast!
The countdown to Pensions on Peachtree 2026 is on—and spots are going quickly! Don’t miss your chance to join FBLC for fresh insights, dynamic conversations, and up to 15 CE credits. Adventure awaits in Atlanta, April 23–24. Register now!
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Fifth Circuit Holds Plan May Compel Arbitration of ERISA § 502(a)(2) Claim But Invalidates Representative-Action Waiver
"The court held that [1] the plan validly consented to arbitration of the Section 502(a)(2) claim, [2] the plaintiff's individual claims were not subject to arbitration because he never personally consented, and [3] the clause's prohibition on
representative actions and limitation to individual relief violated the effective vindication doctrine. The court remanded the case for further proceedings on severability." [Parrott v. International Bancshares Corp., No. 25-50367 (5th Cir. Feb. 10,
2026)] MORE >>
Roberts Disability Law
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Forfeiture Case Survives Motion to Dismiss
"The fiduciary defendants here made what were essentially the same arguments that have been made -- successfully -- by fiduciaries in other cases at the same point in litigation. Of course ... the plan document language matters -- and here the judge found just
enough ambiguity to want to reserve judgement on intent for trial." [Russell v. Illinois Tool Works, No. 22-2492 (N.D. Ill. Feb. 9, 2026)] MORE >>
Plan Sponsor Council of America [PSCA]
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District Court Sends Nationwide 401(k) Fee Complaint to Trial
"The complaint, originally filed in March 2020, alleges the defendants failed to negotiate comparable contractual terms for the 401(k) plan's guaranteed investment fund and the company's defined benefit plan. Consequently, the 401(k) plan's GIF paid a
significantly lower interest rate than the identical investment in the pension plan." [Sweeney v. Nationwide Mutual Ins. Co., No. 20-1569 (S.D. Ohio Feb. 9, 2026)] MORE >>
PLANSPONSOR; registration may be required
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Auto Portability: Keeping Retirement Savings Intact
"Auto portability is designed to reduce cash-outs, consolidate accounts, and keep retirement assets invested. Industry studies suggest that broad adoption of auto portability could help preserve up to $1.6 trillion in additional retirement savings over the coming
decades." MORE >>
FiduciaryAdvisors LLC
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[Sponsor]
Turning Plan Document Review into Actionable Insights - Now Including DB Plans
PlanPort revolutionizes how advisors, recordkeepers, and TPAs use retirement plan documents across their business operations –- delivering efficiency, accuracy, review, and automation like never before. Now supporting 403(b), 457(b) and DB plans!
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What Is a Pooled Employer Plan (PEP)?
"Pooled employer plans (PEPs) are the latest expansion in defined contribution plan outsourcing in the U.S., and pooled plan arrangements are well established across the globe ... Since the SECURE 2.0 Act passed in 2022, over 50,000 401(k) plan sponsors have adopted a PEP
model. PEPs will soon become available to tax-exempt employers eligible to sponsor 403(b) plans." MORE >>
WTW
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Lump Sum Longevity Falls as Lifetime Income Interest Rises
"Almost all (98%) of retirees believe another layer of retirement income could have stopped them from completely exhausting their savings, and most describe a monthly retirement 'paycheck' as 'very important' or 'absolutely essential' to helping them pay
their bills. MetLife also reports that retirees with annuities say they feel financially secure (94%) and have predictable budgets (92%)." MORE >>
401(k) Specialist
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CIT Misconceptions That Can Trip Up Fiduciaries
"CITs can add value to a retirement plan investment lineup, but plan sponsors should exercise caution. Their unique regulatory and structural characteristics demand thorough due diligence and detailed diligence documentation. Plan fiduciaries must look beyond a CIT's fund
name to understand all facets of a CIT and evaluate its appropriateness for their plan(s) and participants." MORE >>
401(k) Specialist
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[Opinion]
Americans Now Have Much More Money in IRAs Than 401(k)s, Which Leaves Workers More Vulnerable
"The most extraordinary development in the U.S. private sector retirement system is not the shift away from old-fashioned defined benefit plans, which began around 1980 and is virtually complete today, but rather the movement away from 401(k) plans, which replaced the defined
benefit plans, to Individual Retirement Accounts (IRAs). Total IRA assets now exceed the money in 401(k)s by $7 trillion." MORE >>
Alicia H. Munnell, Center for Retirement Research [CRR] at Boston College
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Benefits in General |
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Whatever Happened to the ERISA Advisory Council?
"In addition to no formal meetings, there was 'no correspondence, no communications, no nothing' in 2025. Multiple members inquired about the status of the EAC in 2025 and none of those inquiries were answered ... The website for the Council confirms there was no
output for 2025 and lists no nominees or an agenda for 2026." MORE >>
American Retirement Association [ARA]
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Executive Compensation and Nonqualified Plans |
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2026 Compensation Committee Handbook (PDF)
137 pages. "[This Handbook] is intended to help compensation committee members understand and comply with the duties imposed upon them.... [It describes] in some detail the concepts underlying a variety of areas within the bailiwick of compensation committees ... [and
discusses] developments over recent years to executive and director compensation practices and related trends, particularly regarding the SEC's newly announced consideration of changes to executive compensation disclosure requirements and continued developments in laws relating to executive and employee noncompetition arrangement." MORE >>
Skadden
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Employee Benefits Jobs
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Press Releases |
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DOL, Kaiser Foundation Health Plan Reach Settlement to Reform Insurer's Practices on Mental Health, Substance Use Disorder Care
U.S. Department of Labor [DOL]
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MissionSquare Expands Its Retirement Health Savings Plans with the Launch of Self‑directed Brokerage Accounts
MissionSquare Retirement
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Withdrawal Liability at the Bargaining Table
PODCAST
Proskauer
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Last Issue's Most Popular Items |
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Courts Scrutinize ERISA Fiduciary Process: Are You Prepared?
Hall Benefits Law in Bloomberg Tax
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Draft of Instructions for IRS Form 5330: Return of Excise Taxes Related to Employee Benefit Plans (PDF)
Internal Revenue Service [IRS]
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The Decumulation Dilemma: Deciding Between a Lump Sum vs. an Annuity
MetLife
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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