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Retirement Plans Newsletter

February 24, 2026

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[Official Guidance]

Text of EBSA Proposed Regs on Requirement to Provide Paper Statements in Certain Cases: Amendments to Electronic Disclosure Safe Harbors

69 pages. "The [DOL] is proposing narrow amendments to two separate electronic disclosure safe harbors for purposes of implementing section 338 of the SECURE 2.0 Act of 2022. Taken together, the two existing safe harbors permit the broad use of electronic disclosure under prescribed conditions for the furnishing of required disclosures under Title I of [ERISA]. Section 338 of SECURE 2.0 amended section 105(a)(2) of ERISA to require retirement plans to provide paper benefit statements in certain cases. Section 338 also instructed the Department to update its electronic disclosure safe harbors in connection with the statutory changes. The proposed amendments would implement these Congressional mandates."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Guidance Overview]

Proposed RMD Regulations: Effective Date Pushed Back Again

"Presumably, using the IRS's own proposed RMD rules would be considered a good-faith interpretation of the SECURE 2.0 Act RMD provisions. Still, some in the industry may benefit from the extra time [provided by IRS Announcement 2026-7] to prepare their systems for compliance with the RMD rules."  MORE >>

Convergent Retirement Plan Solutions, LLC

[Guidance Overview]

Will the Trump Administration Re-'Order' 401(k) Plan 'Alternatives'? Part 3 (PDF)

"This [article] explores a series of policy recommendations to the several regulators impacted by the Executive Order.... [The] article also includes suggestions as to what market participants such as investment managers, fund sponsors, insurance companies, recordkeepers, and intermediaries as well as Plan fiduciaries can do now in light of evolving legal and commercial developments."  MORE >>

Dechert LLP in The Investment Lawyer

[Guidance Overview]

Retirement Plan Considerations for the Uniform Transfers to Minors Act

"Under the Uniform Transfers to Minors Act (UTMA), property and assets, including retirement plan benefits, cannot be distributed directly to a minor. Instead, the UTMA permits retirement plan sponsors to transfer benefits owed to a minor to an adult custodian to safeguard until the minor reaches the age of majority.... While the UTMA is designed to create a uniform process, some states maintain differences in the legal process or required language. For simplicity purposes, this article focuses on the Wisconsin UTMA "  MORE >>

Reinhart Boerner Van Deuren s.c.

[Guidance Overview]

New York State Mandatory Retirement Program: Deadlines Begin in March 2026

"Effective as of March 2026, covered employers must either register for, or certify their exemption from, the New York State Secure Choice Savings Program.... All private sector employers are covered by New York Secure Choice if they: [1] had ten or more employees in (or based in) New York during the prior calendar year, and [2] have been in business for at least two years."  MORE >>

Tannenbaum Helpern Syracuse & Hirschtritt LLP

[Sponsor]

2026 CCA Enrolled Actuaries Conference | Virtual

Choose from 39 sessions covering topics in single-employer, multiemployer, public plans, small plans and other topics relevant to pension professionals. Earn up to 18.5 EA credits, including 2.0 EA Ethics & 1.5 credits toward bias topics. Learn more.

Sponsored by Conference of Consulting Actuaries [CCA]

New 401(k) Excessive Fee Suit Challenges Forfeiture Reallocation, Move to CITs

"The suit also states that the defendant allowed BANA and its affiliate Merrill Lynch to act under the plan as trustee, custodian, recordkeeper, and/or investment manager, 'which presents conflicts of interest that implicate prohibited transactions under ERISA.' ... [The complaint also alleges] 'that Defendant has also allowed BANA to use its affiliate's role as recordkeeper to obtain information for use in its role as investment advisor.' " [Ventura v. Lithia Motors, Inc., No. 26-1786 (C.D. Calif. complaint filed Feb. 19, 2026)]  MORE >>

American Retirement Association [ARA]

Plan C(ryptocurrency): 'C' Is for Catastrophe

"Allowing sophisticated investors to direct the investment of their own accounts into alternative investments may be the wave of the future in some profit-sharing plans. But investing for a defined benefit plan is a whole other animal. A fiduciary needs to be informed about how a defined benefit plan works so as to understand how investment return can affect the funding obligations.... Investing in alternative investments, like cryptocurrency and private equity alternatives, may not always be appropriate for all plans."  MORE >>

Ferenczy Benefits Law Center

Empower and Blackstone Walk Into a 401(k) -- and It Might Change Everything

"Empower has announced a new partnership with Blackstone, adding private equity, private credit, real estate, and infrastructure strategies to its defined contribution platform.... Plan sponsors and advisors should be asking hard questions. How do fees compare? How is liquidity managed? What happens in market stress? How is participant suitability determined? And perhaps most importantly, how do you document fiduciary prudence when offering strategies that most participants have never heard of and don't fully understand?"  MORE >>

The Rosenbaum Law Firm P.C. via JD Supra

Retirement Asset Ownership Is Widespread Among Gig-Worker Households

"The [ICI] survey finds that gig workers across all age groups actually report similar rates of household retirement account ownership as non-gig workers. These results suggest that the retirement system is functioning in ways that are frequently overlooked, even as policymakers continue to explore how it might better adapt to a changing workforce."  MORE >>

Investment Company Institute [ICI]

Small Businesses Push Retirement Savings for 5.6 Million Workers

"[T]he number of small businesses with an active retirement plan increased from fewer than one in five to nearly one in three between 2019 and 2025, representing a 58% increase.... Businesses with fewer than five employees saw a boost from 12% to 19%, while workplaces with five to nine employees increased access from 22% to 34%."  MORE >>

401(k) Specialist

EBSA Report to Congress: Employee Ownership Initiative

"EBSA established the Employee Ownership Initiative and built a solid foundation for future programs in less than two years ... DEO built relationships with a wide range of federal, state, industry, and community stakeholders; spoke at events and generated articles and blogs; advised state partners and employers; and created a website to educate the public about employee ownership, employee participation, and related state programs."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Opinion]

Insurance Regulation in America: Fifty Watchdogs, One Closed Door

"While insurance regulation is technically state-based, the NAIC writes the model laws, develops solvency standards, drafts accounting rules, and coordinates national policy. State regulators almost uniformly adopt NAIC models.... Which means this private, membership-based organization effectively shapes the rules governing: [1] Trillions in life insurance reserves; [2] Over $2 trillion in individual annuity reserves; [3] The solvency standards protecting retirees; [4] The accounting treatment of general account assets; [5] The risk-based capital formulas that determine whether insurers survive or fail. And yet, for something that central, transparency has lagged far behind modern expectations."  MORE >>

The Commonsense 401(k) Project

Benefits in General

[Guidance Overview]

The New Postmark Rule Could Cause Employee Benefit Notices to Miss Deadlines

"The USPS recently changed a rule so that postmarks may reflect the processing date, rather than the date a post office obtained a letter or package. The new rule could lead to fines for employers if mandatory notices concerning employee benefit plans are deemed late. Electronically sending mandatory notices can help to meet a legal deadline, if the recipient has agreed to electronic communications."  MORE >>

Ogletree Deakins

Press Releases

OneDigital Welcomes Employee Benefits International in Phoenix, Arizona

OneDigital

The Retirement Advantage, Inc. (TRA) Promotes Austin Solomon to Regional Plan Consultant

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

Bankruptcy Meets Withdrawal Liability: Claims, Challenges, and Recovery

PODCAST

Proskauer

IRA University

April 22, 2026 WEBINAR

Ascensus

IRA Beneficiary Distributions, Part 1

April 30, 2026 WEBINAR

Ascensus

Last Issue's Most Popular Items

Text of IRS Announcement 2026-7: Anticipated Applicability Date for Future Final Regs Relating to Required Minimum Distributions (PDF)

Internal Revenue Service [IRS]

How Not to Get Sued, Part 2

401(k) Specialist

Fee Fears Push DC Plans to Drop Managed Accounts

Ignites

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

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