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Retirement Plans Newsletter

February 19, 2026

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💼  4 New Job Opportunities

 

Second Circuit Rejects Pension Fund's Double-Counting Theory and Eliminates $1.8 Million in Withdrawal Liability

"[T]he Second Circuit resolved a significant statutory interpretation dispute under ERISA's Multiemployer Pension Plan Amendments Act (MPPAA), holding that a pension fund may not 'double count' transferred assets when calculating withdrawal liability following a certified change in collective bargaining representative.... [T]he Court concluded that the employer's withdrawal liability must be reduced by the full amount of liabilities transferred to the new plan minus the assets transferred -- not by a formula that effectively subtracts assets twice." [Mar-Can Transportation Co., Inc. v. Loc. 854 Pension Fund, No. 24-1431 (2d Cir. Feb. 18, 2026)]  MORE >>

Roberts Disability Law

[Sponsor]

Critical 2026 Retirement Plan Deadlines Are Coming!

Many retirement plans aren’t ready for 2026 compliance deadlines. Our team supports restatements, amendments, and other compliance needs, no matter where you are. Get the help you need- Learn more!

Sponsored by Enterprise Iron

Automatic Cash-Out Limits Under SECURE 2.0: Should Your Retirement Plan Adopt the $7,000 Threshold?

"The decision to adopt the $7,000 automatic cash-out limit involves balancing administrative efficiency against participant impact and implementation costs."  MORE >>

Foley & Lardner LLP

Making Dollars Into Sense: Retirement Plan Compensation

"The first step is recognizing the three core compensation definitions. [1] Statutory (415) Compensation; [2] Allocation or Accrual (Plan) Compensation; [3] Testing Compensation. Understanding the objective and purpose of these three definitions allows you to avoid pitfalls while assisting clients in making practical decisions."  MORE >>

PenChecks

Household Spending Data Reveal Participant Borrowing Patterns

"New data suggests that decisions to take 401(k) loans are driven less by discretionary spending and more by day-to-day cash-flow constraints.... By linking 401(k) records with Chase household spending data, researchers were able to analyze who takes defined contribution plan loans and where the money effectively goes."  MORE >>

FiduciaryAdvisors LLC

How DC Participants Are Doing, in Four Charts

"The transformation of retirement finance from a defined benefit (benefit-based) to defined contribution (account-based) project has transferred the retirement savings project (and its attendant risks/opportunities) from employers to participants. [This article looks] at how DC participants are doing, reviewing the effect of the last five years of financial market performance on DC plans/participants and the DC retirement savings project."  MORE >>

October Three Consulting

Alternative Investments in 401(k) Plans: Fiduciary Risks, Regulatory Shifts, and Practical Realities

"Despite the potential for a more favorable regulatory environment, plan administrators should proceed with caution when considering alternative assets. Several practical considerations warrant attention. [1] Alternative assets differ from traditional investments.... [2] Documentation remains paramount.... [3] Participant communications deserve special attention.... [4] Any participant demand should be evaluated carefully."  MORE >>

Foley & Lardner LLP

Advisors Are Adding Retirement Plan Participants as Wealth Clients

"[M]any advisors say they find it easier to turn plan participants into clients than acquiring clients through traditional channels.... 9% of advisors surveyed work with more than 20 plans, while 26% don't serve any defined contribution plans at all. Nonetheless, a majority are finding success by engaging participants through workplace retirement relationships[.]"  MORE >>

ThinkAdvisor

Modernizing U.S. Retirement Security: A Comparative Analysis of Social Security and Australian Superannuation

"Australia’s Superannuation model, while structurally more sustainable due to its asset-backed design, exposes participants to investment, market, and economic-cycle risks that are largely absent from traditional defined-benefit social insurance systems. Any serious consideration of transitioning the United States from a pay-as-you-go model toward a Superannuation-style system must therefore address significant challenges related to transition financing, sequencing, risk allocation, and intergenerational equity."  MORE >>

Enterprise Iron

Process Automation in Actuarial Modelling: A PRT Pricing Case Study

"Automation and workflow technologies have long enhanced actuarial processes, delivering measurable benefits.... AI represents a transformative accelerator: Modern applications can be deployed rapidly, at lower marginal cost, and with markedly greater analytical precision. Early adopters are already reporting substantial efficiency gains and deeper insights, underscoring the urgency for organizations to embrace these advances or risk falling behind."  MORE >>

Milliman

Sale of a Business to an ESOP: Key Tax Benefits

"If the business operates as a corporation and the owners sold all or part of their shares to an ESOP, both the owners and the company could qualify for very significant tax benefits that would not be available if the shares were sold to a strategic or private equity buyer."  MORE >>

Bond, Schoeneck & King

[Opinion]

Confidence in Target Date Funds is a Mistake Waiting to Happen

"TDFs are confidence builders because participants are told that they are smart and safe. And it doesn't hurt that they have in fact been smart and safe following the crash of 2008. But what will happen to TDF participants when the next crash happens? After all, the last stress test of TDFs was way back in 2008 when TDFs failed to protect. That will happen again."  MORE >>

401(k) Specialist

Executive Compensation and Nonqualified Plans

Apple Quietly Unlinks Environmental Performance from Pay Packages

"Apple Inc. has dropped an 'ESG modifier' from its 2025 pay packages for top executives, which had allowed the board to adjust annual bonuses based on performance on environmental measures.... The share of S&P 500 companies tying executive compensation to environmental metrics fell to 46.7% in 2025, down from a peak of 52.6% two years earlier[.]"  MORE >>

Bloomberg; subscription may be required

Employee Benefits Jobs

💼

Retirement Plan Administrator - Plan Terminations

Compass

Remote / Stratham NH / Hybrid

View job as Retirement Plan Administrator - Plan Terminations for Compass

💼

Enrolled Actuary

FuturePlan, by Ascensus

Remote

View job as Enrolled Actuary for FuturePlan, by Ascensus

💼

Relationship Manager – MEPs/PEPs

NPPG

Remote / Shrewsbury NJ

View job as Relationship Manager – MEPs/PEPs for NPPG

💼

3(16) Compliance Consultant

NPPG

Remote / Shrewsbury NJ

View job as 3(16) Compliance Consultant for NPPG

Webinars, Podcasts and Conferences
(Retirement Plans / Executive Compensation)

What Plan Sponsors Must Know for 2026: DOL Updates, ERISA Litigation and OBBBA Compliance

ON-DEMAND WEBINAR

HUB International

Solving the Retirement Income Puzzle

ON-DEMAND WEBINAR

T. Rowe Price

Bankruptcy Meets Withdrawal Liability, Part 1

PODCAST

Proskauer

Structuring Pension, Health, and Welfare Plans for Multinational Companies

March 27, 2026 WEBINAR

BARBRI

Last Issue's Most Popular Items

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

Bricker Graydon

Benefits Literacy: A Key Ingredient for Productivity in the Workplace

HealthEquity

Updated United States Postal Service Rules May Affect Employee Benefits Filings

The Wagner Law Group

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

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