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Retirement Plans Newsletter
March 12, 2026
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💼 3 New Job Opportunities
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[Official Guidance]
IRS Employee Plans News: Digital Form 15315, Annual Certification for Multiemployer Defined Benefit Plans (PDF)
"The IRS Employee Plans has digitalized Form 15315 to allow you to electronically report the actuarial
certification of a multiemployer defined benefit plan's funding status. No additional attachments or letters should be submitted with your Form 15315 submission." MORE >>
Internal Revenue Service [IRS]
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[Sponsor]
Even When Plan Design Gets Complicated, ASC Comes Through!
Need flexibility for sophisticated plan designs? ASC supports complex allocations, advanced eligibility logic, and flexible testing workflows. Explore ASC’s compliance system for the simplest to the most complex plans.
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[Guidance Overview]
Trump Accounts as an Employee Benefit
"While the [Notice 2025-68] and the Proposed Regulations provide important clarity on how Trump Accounts are opened ... several open questions still remain.... [1] Eligible investment; [2] Distributions during and after the Growth Period; [3] Reporting requirements for trustees and custodians ...
[4] Nondiscrimination testing for Code Section 128 employer contribution programs; [5] Guidance exempting Trump Accounts from ERISA (similar to that of HSAs); [6] Coordination of salary reduction contributions with Code Section 125 rules." MORE >>
Nixon Peabody LLP
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[Guidance Overview]
Roth Is Not Just a Tax Feature, It Is a Legacy Protector
"By focusing only on tax efficiency during the owner's lifetime, advisors may overlook one of the most powerful benefits of Roth accounts. Roth accounts can help protect the next generation from avoidable tax erosion.... Distributions from a Roth IRA to beneficiaries are
generally tax-free if the five-year holding period has been satisfied." MORE >>
Financial Advisor
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[Guidance Overview]
Small Plan Financial Statement Audit Requirement
"In most cases, a small plan can claim a waiver of the audit requirement, but it depends on: the type of assets the plan holds, including the owners’ participant accounts; whether a regulated financial institution has custody of the plan’s assets; whether the full
value of any non-qualifying plan assets is 100% covered by a fidelity bond; and whether additional disclosures about the assets and the fidelity bond are distributed to participants in the Summary Annual Report." MORE >>
Belfint Lyons Shuman
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Fourth Circuit Tosses Class Certification in 401(k) Fiduciary Breach Case
"The court explained that unlike defined benefit plans, where assets are pooled and benefits are fixed, defined contribution plans tie each participant's retirement benefit to the performance of investments in that participant's individual account.... The panel said
allowing such claims to proceed as mandatory classes could create due process concerns[.]" [Trauernicht v. Genworth Fin. Inc., No. 24-1880 (4th Cir. Mar. 10, 2026)] MORE >>
PLANSPONSOR; registration may be required
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Fiduciary Rule Funeral: DOL Joins Industry in Move to Vacate Biden-Era Rule
"The [DOL] said in court documents this week that it supports a district court motion to vacate its Retirement Security Rule, the department's most recent attempt to extend fiduciary duty. The motion was filed jointly with a group of industry trade groups that initially filed
a lawsuit to prevent the RSR from taking effect. With both sides now on the same side, the motion to vacate likely means the end of the Biden-era RSR." [FACC v. DOL, No. 24-0163 (E.D.Tex. unopposed motion for final judgment Mar. 11, 2026; ACLI v. DOL,
No. 24-0482 (N.D. Tex. unopposed motion for final judgment Mar. 9, 2026)] MORE >>
InsuranceNewsNet.com
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A Climate-Risk Lawsuit Reveals the ESG Debate's New Fault Line (PDF)
"Amid mounting legal and political efforts to limit the role of ESG factors in U.S. retirement plans, a new lawsuit ... flips the ESG debate -- arguing that failing to consider climate risk may itself violate fiduciary duty under ERISA.... [T]he suit could mark a
first-of-its-kind legal test of whether climate-risk analysis is a required component of fiduciary oversight in retirement plans." [Kvek v. Cushman & Wakefield U.S., Inc., No. 26-0736 (W.D. Wash. complaint filed Mar. 3, 2026)] MORE >>
Pensions & Investments via The Wagner Law Group
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District Court Limits Class Standing in ERISA Nonfiduciary Claims
"Judge Katherine Polk Failla granted the defendants' motion to dismiss the plaintiffs' class claims as to approximately 9,900 retirement plans other than those in which the named plaintiffs participated, holding that the named plaintiffs lack class standing. The opinion
underscores that, where a defendant's liability turns on plan-by-plan proof of third-party fiduciary conduct, putative ERISA class actions against service providers can be materially narrowed at the pleading stage." [Carfora v. TIAA, No. 21-8384 (S.D.N.Y.
Mar. 3, 2026)] MORE >>
Ropes & Gray LLP
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A Close Look at 401(k) Plans, 2023 (PDF)
83 pages. "Larger 401(k) plans tended to be more likely to report that they automatically enroll workers into the plan.... Most 401(k) plans offer employer contributions.... Larger 401(k) plans are more likely to report participant loans outstanding ... 401(k) plans with
automatic enrollment are more likely to have both employer contributions and participant loans outstanding than plans without automatic enrollment. " MORE >>
Investment Company Institute [ICI]
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Profit Sharing Allocation Methods: The Better Part of Discretion
"[T]here is flexibility in the way a profit sharing contribution can be allocated to different groups or classifications of employees. Certain methods will better enable the business owner to control the cost of allocations to non-owners, while preserving desired allocations for
owners and other executives." MORE >>
Manning & Napier
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Aligning Asset Allocation to Pension Plan Goals: Considerations for Defined Benefit Plan Sponsors
"How legal and regulatory requirements affect DB plan asset allocation ... Pension plan asset allocation: The impact of plan demographics ... Plan benefit structure shapes pension liabilities and investment strategy ... DB asset allocation: The goals of the plan
sponsor." MORE >>
Milliman
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The DB Retirement Income Advantage
"In this article [the authors] briefly discuss why employer-sponsored DB plans are able to provide -- for the same account balance -- annuities that are 15-30% larger than a participant in a 401(k) plan is able to purchase[.]" MORE >>
October Three Consulting
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Will Rhode Island’s Auto-IRA Cover the Self-Employed?
"RISavers provides retirement plan coverage to employees of private-sector employers that do not offer a plan and have five or more employees. ... [A] measure before the Rhode Island House would expand coverage beyond even those with employers." MORE >>
American Retirement Association [ARA]
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Benefits in General |
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[Guidance Overview]
USPS Postmarking Changes Impact Benefit Plan Notices and Filings
"For plan sponsors, the potential lag between the date when mail is deposited at USPS and when it is actually processed and postmarked creates risk that time-sensitive materials (e.g., COBRA election notices, HIPAA certificates, decisions on benefit claims and appeals, summary
plan descriptions, QDIA notices, fee disclosures and other required disclosures) may bear a postmark date later than intended, even if mailed before the deadline." MORE >>
Haynes Boone
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Employee Benefits Jobs
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Selected New Discussions |
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Partnership - S Corps as Partners
"Working with a medical practice. The practice is a partnership where the employees are paid. The partners of the practice are each of the doctors' S Corps. The S Corps are adopting employers of the plan. The doctors don't receive any W2 income from the partnership. K1s
are issued to each S Corp. In turn, each S Corp issues a W2 and K1 to the owner. The plan administrator is stating that they will consider both the W2 and K1 issued by the S Corps as compensation for retirement plan calculations. I was under the impression that you can only use W2 compensation when looking at a S Corp but apparently the partnership overrides that rule? Thoughts?"
BenefitsLink® Message Boards
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Last Issue's Most Popular Items |
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2026 Retirement Plan Amendment Deadline: What Plan Sponsors Need to Know
Jenner & Block
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Fourth Circuit Holds ERISA § 502(a)(2) Claims in Defined Contribution Plans Are Individualized and Cannot Be Certified as Mandatory Classes
Roberts Disability Law
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Target-Date Funds Continue Rapid Growth
Morningstar
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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