Get This Daily Newsletter by Email

Retirement Plans Newsletter

February 27, 2026

BenefitsLink.com logo
EmployeeBenefitsJobs.com logo

💼  2 New Job Opportunities

 

[Guidance Overview]

DOL Proposes Narrow Amendments to Its Electronic Disclosure Safe Harbors

"The Department noted that the proposed rule better aligns the safe harbors with [1] participant preferences, especially elderly, low-to-moderate income, and non-wired-at-work individuals, and [2] each other, in that the proposed changes will reduce differences between each safe harbor's requirements, particularly with respect to rights to opt-out of e-delivery."  MORE >>

Groom Law Group

[Guidance Overview]

Preparing for the 2026 PBGC and 2025 Form 5500 Filings: Key Reminders and Common Filing Errors

"Starting with plan years that begin in 2026, all premium payments must be made electronically, either through pay.gov or by electronic funds transfer (EFT) such as ACH or Fedwire.... If you choose to mail your [Form 5558] please note that postmarks may not accurately reflect the date the U.S. Postal Service accepts your mail.... Four new codes were added [to Form 5500] for DB plans[.]"  MORE >>

Milliman

Seventh Circuit Decision Shows Importance of Following Change of Beneficiary Procedures

"Intent alone isn't enough to change beneficiaries on retirement plans.... ERISA requires strict adherence to plan documents, and courts will not honor beneficiary changes made through informal channels like faxes or verbal requests if the plan specifies a different procedure.... Review beneficiary designations after major life events, follow plan procedures exactly, obtain written confirmation, and act promptly." [Packaging Corp. of Am. Thrift Plan for Hourly Emps. v. Langdon, No. 25-1859 (7th Cir. Feb. 2, 2026)]  MORE >>

Fox Rothschild LLP

Amicus Briefs: The DOL's New ERISA Playbook

"In effect, the DOL is signaling to courts (and the public) how it interprets [ERISA], and how plan fiduciaries should act, potentially shaping litigation outcomes and clarifying expectations without formal rulemaking. This approach appears consistent with the DOL's broader agenda aimed at reducing compliance burdens and providing plan fiduciaries with more flexibility in terms of fulfilling the obligations."  MORE >>

Trucker Huss

From Data to Decisions: Participant Data Integrity in the 2026 Public Retirement Landscape

"This article explores how participant data quietly erodes over time, and why missed deaths and missing participants are often early warning signs of broader risk. It highlights the impact of geographic dispersion and outlines how forward-looking plans are shifting from reactive fixes to defensible data governance. The result: greater confidence in the decisions that matter most as public retirement systems look toward 2026."  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

President Trump Announces New Federal Matching Retirement Program

"With this initiative, the President is seeking to provide a retirement vehicle for 'forgotten workers' who lack access to employer-sponsored retirement savings vehicles and related matching contributions and, who may, therefore, be disproportionately affected by gaps in retirement readiness.... While this initiative is clearly still in its conceptual stage and no proposed legislative text has been released, several implications may emerge depending on how the program is designed and effectuated."  MORE >>

The Wagner Law Group

Trump Says Retirement Accounts for Workers Without 401(k)s Are Coming Next Year

"A new plan floated by President Trump would provide workers who don't have employer-sponsored plans with retirement accounts. These accounts will mimic the existing Thrift Savings Plan currently used by federal workers, according to the White House. The initiative builds on a provision in the SECURE 2.0 law that would provide low-income workers with a $1,000 matching contribution to their retirement accounts beginning in 2027."  MORE >>

Investopedia

Unlock SEP IRA Benefits: A Strategic Guide to Early Funding

"[R]etirement contributions don't have to be a last-minute task. Funding earlier in the year supports cash flow planning, spreads out contributions, and gives your money more time to work for you.... Early SEP IRA and SIMPLE IRA contributions give retirement assets more time to participate in market movement, which may support long term growth depending on market conditions."  MORE >>

Ascensus

[Opinion]

401(k) Disclosures: DOL Moving Toward Blocking Transparency

"The DOL made a major step forward with the 404a-5 fee disclosure in 2012.... Wall Street and the Insurance industry ... have moved away from transparent SEC Mutual Fund structures into state-regulated insurance annuity structures and state-regulated CIT structures. These poorly regulated state structures can allow them to hide Crypto, Private Equity, Private Credit, and annuities. While prior DOLs have been passive on this issue, the Trump DOL is actively helping to block fee and risk transparency in statements with amicus briefs."  MORE >>

The Commonsense 401(k) Project

Benefits in General

[Official Guidance]

Text of DOL Proposed Regs: Employee or Independent Contractor Status under the FLSA, FMLA, and Migrant and Seasonal Agricultural Worker Protection Act

146 pages. "The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), both of which incorporate the FLSA's scope of employment."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

DOL Proposes New Independent Contractor Rule: Now with Fewer 'It Depends'

"The Department is not republishing the 2021 rule word-for-word. The proposal includes one substantive edit, a non-substantive edit, and several small modifications to the illustrative examples. But the framework itself -- including the emphasis on core factors -- tracks the 2021 rule."  MORE >>

Pierson Ferdinand LLP

[Guidance Overview]

Regulatory Whiplash Continues: DOL Proposes Yet Another Independent Contractor Classification Rule

"The proposed rule is essentially a readoption of the Trump administration's 2021 rule with only minor modifications. The DOL explicitly states it is rescinding the 2024 Biden Rule and readopting the 2021 Rule with a few updates. The key structural elements are identical: the same two-core-factor framework and the same three additional guidepost factors. The modifications are minimal. The DOL's proposed rule also dedicates extensive analysis to past court decisions, concluding that this standard formalizes how courts have been deciding independent contractor cases across administrations for decades."  MORE >>

Fox Rothschild LLP

[Guidance Overview]

What Employers Need to Know About Trump Accounts

"The promise of giving kids 'free money' surely piqued the interest of children and parents alike. Employers, however, are not all rushing to incorporate Accounts into the suite of benefits offered to employees.... [T]he vast majority are waiting on more guidance to determine how the Accounts will operate in conjunction with existing benefits offered to employees."  MORE >>

Boutwell Fay LLP

[Guidance Overview]

Where to Start with Trump Accounts

"One of the requirements under Section 128 of the Code for a valid employer-provided Trump account contribution is that the employer adopt a 'separate written plan.' Although additional guidance may be needed before finalizing a separate written plan document, in light of commentary in the Notice concerning the anticipated requirements of a Trump account contribution program, Section 129 dependent care assistance program plan documents may provide a good starting point for plan sponsors that are considering offering employee pre-tax contributions to Trump accounts."  MORE >>

Morgan Lewis

Employee Benefits Jobs

💼

Head of Sales

DWC - The 401(k) Experts

Remote

View job as Head of Sales for DWC - The 401(k) Experts

💼

Plan Consultant

The Finway Group

Remote

View job as Plan Consultant for The Finway Group

Selected New Discussions

ERISA DB Plan Administrator Refuses a DRO for Using Marital Fraction

"Anyone ever come across an ERISA DB plan administrator who refuses to qualify QDROs employing a time rule (coverture fraction) division for benefits in pay status? I am dealing with one, first one ever in 30 years of practice."

BenefitsLink® Message Boards

ADP/ACP Question (Union / Non-Union)

"401(k) plan with a 1/1 to 12/31 plan year, union and non-union employees, and they utilize the prior year testing method. In 2024, an ADP test is completed separately for union and non-union employees, due to the mandatory disaggregation rules. An ACP test is completed for the non-union employees (union group deemed to pass ACP). On 1/1/2025, the union is dissolved/decertified. All union employees are now considered non-union effective 1/1/2025. So for 2025, there is just one ADP/ACP test (given that all employees were non-union in 2025). When determining the prior year percent for the ADP test -- is there any guidance on what to use? Do you just use the 2024 non-union NHCE average and disregard the 2024 union NHCE average? Calculate a weighted average? If a weighted average should be used, then how would you go about determining the NHCE average for the ACP test (given that there was no ACP test in 2024 for the union group)?"

BenefitsLink® Message Boards

Last Issue's Most Popular Items

Why Plan Sponsors Need a Clear Uncashed Distribution Check Policy

Retirement Clearinghouse

USPS Postmark Changes: for Plan Sponsors, Timing Is Everything!

Spencer Fane

Nearly Half of Workers in Survey Unaware of Saver's Credit

PLANADVISER

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2026 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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

Links to web sites other than BenefitsLink.com and EmployeeBenefitsJobs.com are offered as a service to our readers. We are not involved in their production and are not responsible for their content.