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Retirement Plans Newsletter

February 13, 2026

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[Official Guidance]

Draft of IRS Publication 560: Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans), for Use in Preparing 2025 Returns (PDF)

48 pages. "What's New: [1] Automatic enrollment.... [2] Compensation limits for 2025 and 2026.... [3] Elective deferral limits for 2025 and 2026.... [4] Defined contribution limits for 2025 and 2026.... [5] Defined benefit limits for 2025 and 2026.... [6] SIMPLE plan salary reduction contribution limits for 2025 and 2026.... [7] Catch-up contribution limits for 2025 and 2026.... [8] Higher catch-up contribution limit for ages 60 to 63.... [9] Distributions from Roth accounts."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Mandatory Cash-Outs: Limits, Notices and Timing

"Mandatory cash-out distributions may clear small account balances from the company's 401(k) plan; however, forced cash-outs can also create risk, leakage, and unhappy former employees. This post breaks down the increased $7,000 cash-out limit under SECURE Act 2.0, default safe harbor rollover IRAs, and how auto portability works as an enhancement to the mandatory cash-outs so you can simplify administration while protecting participant outcomes."  MORE >>

Newfront

[Guidance Overview]

State Auto-IRAs and More: Expansion of Coverage

"Legislation that would create the Mississippi Work and Save Program is moving quickly.... Private-sector employees in Utah are one step closer to being able to avail themselves of a new savings vehicle that would facilitate preparing for retirement.... Private-sector employees in Kansas whose employers do not offer them a retirement plan would obtain coverage through the Kansas Empowerment Savings Program if legislation now before the state House of Representatives is enacted."  MORE >>

American Retirement Association [ARA]

Supreme Court Bumps Intel 401(k) Benchmark Case to Next Term

"The nation's highest court's consideration of a 401(k) suit involving alternative investments and the need for a 'meaningful benchmark' has been bumped till next term. While the justices recently agreed to extend briefing due dates in the case ... its absence on the court's April calendar indicates a delay, in this case till next term." [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 >>

American Retirement Association [ARA]

Fifth Circuit Is the Latest Federal Appellate Court to Find ERISA Plan Arbitration Clause Unenforceable

"[T]he Fifth Circuit held that the arbitration clause in the company's defined contribution retirement plan violated the effective vindication doctrine because it prohibited participants from asserting claims in a representative capacity on behalf of the plan, which the Court explained 'is facially at odds with the statutory text' of ERISA Section 409 'and the remedy it provides.' The arbitration clause was also unenforceable because it only permitted participants to obtain individualized relief in arbitration rather than plan-wide relief.... [A table] lists the federal appellate courts that have applied the effective vindication doctrine in holding that an ERISA plan arbitration clause was unenforceable." [Parrott v. International Bancshares Corp., No. 25-50367 (5th Cir. Feb. 10, 2026)]  MORE >>

Mayer Brown

Annuity Purchases for Retirees with Small Benefits: Guaranteed Savings for 2026

"Annuity purchases for retirees with small benefit amounts can be an easy and highly effective way to reduce PBGC premiums and save money at no cost to plan participants. For plan sponsors not subject to the PBGC Variable Rate Premium Cap, purchasing annuities for retirees receiving less than $380 monthly will save the plan money. For plan sponsors subject to the cap, purchasing annuities for retirees receiving less than $1,070 monthly will save the plan money."  MORE >>

October Three Consulting

A Closer Look at Retirement Plan Managed Accounts

"Managed accounts offer personalization and improved outcomes but raise cost-effectiveness concerns for sponsors. ROI comparison between managed accounts and education programs is needed for better decision-making. More due diligence is recommended before implementing managed account solutions in retirement plans."  MORE >>

TheStreet

Still Working in Retirement? Watch Out for These Social Security and Medicare Tax Traps

"[W]orking while receiving Social Security can come with a significant tax drag. If you claim before your full retirement age (currently 67), Social Security benefits are subject to the “earnings test,” a formula that temporarily withholds a portion of benefits if your wage income exceeds certain levels. You may also need to pay taxes on Social Security benefits or surcharges on Medicare premiums, or simply be pushed into higher income tax brackets."  MORE >>

Morningstar

How Your Retirement Savings Rate in Your 30s Stacks Up Against the Average

"The average millennial (ages 30 to 45 in 2026) contributes 8.8% of their salary to their 401(k), and their employer contributes 4.6%. Many financial experts suggest a target of 15% in total. Median 401(k) balances for people in their 30s are about $25,000 -- $40,000, while the average, which skews higher, is over $100,000."  MORE >>

Investopedia

[Opinion]

Public Pension Debt Should Be Scrutinized Like Other Types of Government Debt

"[P]ublic pension liabilities are not legally treated as general obligation-type debt and are not subject to the safeguards restricting GO debt undertakings. In some states, these pension obligations have even stronger claims on the full-faith and credit of the state than GO debt. The lack of general obligation debt type safeguards constraining public pension liabilities has significant implications on the financial risk position of state and local governments"  MORE >>

Reason Foundation

Employee Benefits Jobs

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Paralegal - ERISA/Employee Benefits

Hill Ward Henderson

Tampa FL

View job as Paralegal - ERISA/Employee Benefits for Hill Ward Henderson

Selected New Discussions

Funding Profit Sharing Contributions Throughout the Year

"Let's say a company has 1 owner and a few NHCE participants. They fund 3% SHPS during the year. Can the owner also choose to fund additional contributions to himself during the year? For example, let's say he decides to fund an additional 6% (in addition to SHPS of 3%) in Profit Sharing. Is this allowed? They would pass Gateway, but we don't know if the General Test would be passing based on 9% to owner and 3% to NHCEs. If this is allowed, can he fund more than 3% SHPS plus 6% Profit Sharing to himself during the year, while only funding 3% SHPS to NHCEs? At that point, they would not be passing Gateway and additional contributions would definitely be required for NHCEs to pass testing."

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Last Issue's Most Popular Items

Roth Catch-Up Contributions: Final Regs and 415(c) Interactions

American Society of Enrolled Actuaries [ASEA]

ERISA Defendants See Unexpected Boost from Supreme Court Worker Win

Bloomberg Law

Beneficiary Designations: The Estate Planning Detail Executives Can't Afford to Miss

Cohen & Buckmann, P.C.

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

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