"This announcement provides that the [Treasury Department and the IRS] anticipate that certain portions of final regulations relating to required minimum distributions (RMDs) under section 401(a)(9) of the Internal Revenue Code will apply for the distribution calendar year that begins no earlier than 6 months after the date that final regulations are issued in the Federal Register."  MORE >>

"A recent decision addressing a motion to dismiss prohibited transaction claims serves as a good reminder to plan sponsors and fiduciaries not to overlook procedural safeguards when defending against such claims, including whether plaintiffs lack Article III constitutional standing." [Peeler v. Bayada Home Health Care, Inc., No. 24-0231 (W.D.N.C. Jan. 27, 2026)]  MORE >>

"If the Supreme Court determines that all that is necessary for plaintiffs to plead is that fees are too high or performance is subpar when reviewed against a general index, 401(k) plan fiduciaries will have far greater exposure to being sued because more claims will survive a motion to dismiss." [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 >>

"Last year saw a near-record 155 fiduciary class lawsuits filed by plaintiffs' firms alleging violations of [ERISA] and breaches of fiduciary duty.... Defined contribution plans remained the most frequent target in these cases, named in 63% of last year's ERISA class action litigation. As in prior years, most lawsuits alleged excessive recordkeeping and/or investment fees.... Five of the last six years saw lawsuit totals greater than the overall annual average of 60 cases per year for the past decade."  MORE >>

"Some 14% of defined contribution plans surveyed in December ... reported that they had eliminated their managed account programs since late 2023.... Nearly 20% of the 165 lawsuits filed between 2019 and late 2022 alleging [ERISA] violations included a claim over managed account programs ... Of the suits including such claims, 42% alleged that the managed account service fees were excessive, while 31% claimed the managed accounts underperformed compared to other plan options."  MORE >>

"Given the turbulent dynamic and the increasingly costly world of retirement plan litigation, what can advisors and plan sponsors do to make sure to better guarantee they don't end up on the receiving end of a Schlichter-inspired suit?"  MORE >>

"A 401(k) is one of the most valued benefits you offer, but many plans are left on autopilot. This blog explores how a strategic broker can help you optimize vendor selection, benchmark plan design, drive employee participation, and manage complex transitions like PEO exits. When approached thoughtfully, your 401(k) can become a powerful tool for retention, engagement, and long-term financial wellness."  MORE >>

"[This article] summarizes eight tests that are required annually. It’s not uncommon for a plan to be subject to a half dozen or more of these tests."  MORE >>

"Prior to 1986, ... when the participant sought to withdraw [after-tax deferrals], those in-service withdrawals were treated as withdrawing tax basis first.... Unfortunately, the '86 Act changed all of that.... Fast forward to the SECURE and SECURE 2.0, where extreme efforts were made to allow participants to withdraw funds under personally exigent circumstances ... [This] has resulted in a plethora of horribly complicated rules which are not being widely used. "  MORE >>

"A threshold question is whether employer contributions to Trump accounts pursuant to Code Section 128(c) create a plan governed by ERISA.... [E]mployers need guidance about whether Trump accounts are 'plans' subject to the prohibited transaction rules in Code Section 4975.... Without a centralized repository to receive funds, employers that make contributions on behalf of employees would need to establish contractual relationships with each trustee used by their employees to guide the flow of money and receipt of information. That is untenable."  MORE >>

13 pages. "For Trump accounts to be a success, they need to integrate seamlessly with the existing retirement system.... Treasury must support parents who want to use a private Trump account provider by making the rollover process easy.... Treasury should confirm that Trump accounts may charge account-based fees to support the administration and reporting of the account.... Treasury should confirm that Trump accounts may pay for investment advice and that this is not considered a distribution from the account."  MORE >>

24 pages. "A competitive marketplace for account trustees and custodians is key to the long-term success of the Trump Account program ... Treasury should facilitate the availability of rollovers to preferred providers by issuing sample language and model forms for Trump Accounts ... Treasury should provide trustees and custodians the flexibility to develop reasonable approaches for monitoring compliance with the annual contribution limit and for returning excess contributions[.]"  MORE >>

"SOC reports are still critical for evaluating internal control effectiveness, especially as organizations rely more and more on third-party service providers. These reports have grown in volume and complexity, but improving the traditional process of manually reviewing them has not kept pace.... Artificial intelligence (AI) ... can help modernize SOC report review process in four key ways: [1] control identification through risk alignment, [2] trend analysis, [3] operational efficiency, and [4] governance -- all without compromising professional judgement."  MORE >>

"Part 2 examines the newest fronts in ERISA litigation, including the surge in forfeiture and voluntary benefits lawsuits ... Also addressed is the growing role of documentation, engaged oversight, and defensible process as courts continue to emphasize prudence over outcomes. This installment also looks at the evolving regulatory environment ... and what that could mean for plan advisors and sponsors. Ultimately, Part 2 focuses on practical steps fiduciaries can take now to strengthen governance, tighten documentation, and reduce litigation exposure."  MORE >>