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Retirement Plans Newsletter

February 18, 2026

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[Official Guidance]

Text of Instructions for 2025 IRS Form 5500-EZ: Annual Return of a One-Participant (Owners/Partners and Their Spouses) Retirement Plan or a Foreign Plan (PDF)

10 pages. "Form 5500-EZ is used by one-participant plans and foreign plans that are not subject to the requirements of section 104(a) of [ERISA]." [Also available: 2025 IRS Form 5500-EZ (fillable PDF)]  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

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[Guidance Overview]

We Allowed a 64-Year-Old to Make an Additional Catch Up Contribution. Now What?

"Once an excess deferral exists, the Internal Revenue Code requires that the excess amount, along with all earnings attributable to that excess through December 31, be distributed to the participant no later than April 15 of the following year, which aligns with the participant’s individual tax return deadline. Meeting this April 15 deadline is critical because it determines how the excess will be taxed."  MORE >>

Bricker Graydon

Fifth Circuit Jumps on the Bandwagon, Adopts Effective Vindication Doctrine

"[T]he court reversed the district court's denial of IBC's motion to compel arbitration as to Parrott's Section 1132(a)(2) claim because the plan's unilateral amendment was lawful and applied to Parrott, but affirmed as to Parrott's individual claims under Section 1132(a)(3) because he did not give consent. Furthermore, the court voided the standard of review provision 'to the extent it purports to reach breach-of-fiduciary-duty claims,' and remanded 'for further proceedings on whether provisions that violate the effective vindication doctrine can be severed.' " [Parrott v. International Bancshares Corp., No. 25-50367 (5th Cir. Feb. 10, 2026)]  MORE >>

Kantor & Kantor

DOL Backs JPMorgan in 401(k) Forfeiture Fight: What That Means for Plan Sponsors

"[W]hile the DOL's position is good news for sponsors with clear plan language and solid administrative processes, it doesn't mean plaintiffs will stop filing or that all cases will be dismissed.... Documentation is your friend.... Compliance doesn't stop at 'it's permitted'.... The DOL's voice counts -- but courts still decide."  MORE >>

The Rosenbaum Law Firm P.C. via JD Supra

Private Equity Targets America's $14 Trillion 401(k) Market

"What was once a glossless business has since become a prize for buyout firms, which see the steady growth of the $14 trillion market for US defined-contribution retirement plans as a potential source of juicy returns. ... Some buyout shops see profit in handling retirement plans and ancillary businesses. Others see higher-end wealth management and its more lucrative fees as an attractive target at a time when the rich keep getting richer."  MORE >>

WealthManagement.com

From 'Permitted' to 'Prudent': How Private Investments Are Entering the 401(k) Mainstream and What That Means for Investment Fiduciaries (PDF)

"Private investments are not entering defined contribution plans because they are exciting. They are entering because the industry is increasingly able to reconcile institutional investment concepts with participant-centric realities -- primarily through professionally managed, multi-asset structures. For 3(38) fiduciaries, this evolution presents both an opportunity and a responsibility."  MORE >>

Pallas Capital Advisors

DC Plans Trend to Passive TDFs, Leave Managed Accounts

"While managed account saw an increase in usage in 2022 and 2023, engagement with the funds has since dipped. ... [O]ver the last three years, 14% of DC plans have terminated managed accounts as they embark on 'more formal fiduciary reviews' due to intensifying fee sensitivity and closer assessments of participant engagement and personalization."  MORE >>

401(k) Specialist

Individual(k) Plan Loans: How to Borrow from Your Solo 401(k)

"Individual(k) plan loans allow you to borrow from your own retirement savings and repay yourself over time without the immediate taxes or penalties associated with a standard withdrawal.... This guide explains how loans work and outlines key 401(k) loan rules and limits[.]"  MORE >>

Ascensus

Finding Your Safe Withdrawal Rate

"Following annual portfolio loss, don't fully adjust your withdrawal rate for inflation.... Take withdrawals in line with required minimum distributions.... Implement guardrails on your portfolio.... Assume spending declines in line with historical data.... Take a fixed percentage of your portfolio each year.... Take a constant percentage of your portfolio's 10-year average value.... Apply probability-based guardrails to your withdrawals.... Use the Vanguard dynamic spending method."  MORE >>

Morningstar

[Opinion]

401(k) Plans Are an Illusion

"[M]any advisors and record keepers are looking beyond omnibus accounts to focus on and serve individuals in the plans they manage, leveraging worksite access and endorsement, whether explicit or implicit, by sponsoring employers.... Also driving the move beyond plan-level products and services is the need and desire for personalization.... Managed accounts are the next inevitable step, but only through better engagement, use of data and AI."  MORE >>

Fred Barstein in WealthManagement.com

Benefits in General

[Guidance Overview]

Updated United States Postal Service Rules May Affect Employee Benefits Filings

"Plan administrators and service providers will need to take steps to avoid missing a statutory or regulatory deadline.... Alternatives to merely dropping off a filing at the post office would be obtaining a manual postmark, purchasing a certificate of mailing, or using certified or registered mail. These options may be impractical for bulk mailings, but they are options that may be considered in certain situations."  MORE >>

The Wagner Law Group

Benefits Literacy: A Key Ingredient for Productivity in the Workplace

"When employees possess high benefits literacy, they can navigate plan options, enroll correctly, and make informed decisions that reduce financial stress. Benefits leaders can help by: [1] Moving beyond open enrollment for year-round educational opportunities. [2] Using AI tools for developing education materials and answering questions. [3] Personalizing benefits education to appeal to different age groups and life stages."  MORE >>

HealthEquity

Employee Benefits Jobs

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Lead Plan Compliance Administration Analyst - Retirement Plans

Ameritas

Remote

View job as Lead Plan Compliance Administration Analyst - Retirement Plans for Ameritas

Selected New Discussions

Ending Discretionary Match Mid-Year

"Plan provides for a discretionary match (no safe harbor). Match funded payroll basis but is based on year end -- so a true up may be required. April 1, 2025 employer stopped the match -- participants were notified the match would cease as of 4/1/2025. TPA never amended the document to remove the plan year calculation so.... [1] the match for Jan 1 to March 31st would need to be calculated based on annual compensation -- correct? [2] Auditors doing the 5500 audit and stated the participants who entered after 4/1 need to get the match. According to them this is a discrimination issue -- here is where I am looking for some assistance. Discretionary means it can stop/change at any time. Participants who entered after 4/1 do not get a match -- this would not be a benefits rights and feature issue -- do you agree? ACP Testing would be for the full year, but those that entered after 4/1 are not included in the ACP Test -- do you agree?"

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Last Issue's Most Popular Items

Trump Accounts: How They Work and Who Benefits

EisnerAmper

A New Rule Lets You Tap Your 401(k) Early Penalty-Free

The Globe and Mail

Can an Australian Approach Save the U.S. Retirement System? – Center for Retirement Research

Alicia H. Munnell, Center for Retirement Research [CRR] at Boston College

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

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