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Retirement Plans Newsletter
March 16, 2026
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💼 5 New Job Opportunities
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[Guidance Overview]
Baby Steps: Treasury Issues First Set of Proposed Regs for Trump Accounts
"Given the rules for setting up an Account and the annual contribution limitations, a child's family members and relatives should carefully coordinate their efforts to open Accounts, make contributions and elect the $1,000 pilot program contribution for the family's
various eligible children. It may be helpful to submit comments on the need for guidance to mitigate excess contributions due to miscommunication among family members." MORE >>
Brownstein Hyatt Farber Schreck LLP
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[Guidance Overview]
Keeping the Missing Participant Search Compliant
"The DOL's announcement in January that it would reduce its focus on enforcing rules governing how plans meet their
fiduciary duties to missing participants ... may have given some plan sponsors a sigh of relief.... Contributing to the [Retirement Savings Lost and Found database] is a win for plan sponsors ... as it is another 'tool in their toolbox' to show the DOL they are trying to connect with participants in fulfillment of their fiduciary duties." MORE >>
PLANSPONSOR; registration may be required
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[Guidance Overview]
Recent Paper and Postmark Changes Present an Opportunity for Plan Administrators
"[P]lan administrators [should] ... [1] Work with the recordkeeper to ensure participant populations are mapped by regulatory safe harbor used, ... to determine necessary operational changes and, as applicable, confirm that the recordkeeper is making those changes.
[2] Ensure that paper statement templates are updated to include the mandatory e-delivery election instructions and plan contact information. [3] Confirm internal or external third-party mailing processes to ensure required disclosures are delivered timely.... [4] Determine whether other administrative processes are impacted by the USPS shift -- such as delivery of claims and appeals decisions, responses to requests for
documents, and any other tasks or responses that are required to be provided by a certain date -- and implement, or ensure third parties implement, changes as necessary." MORE >>
Thompson Hine
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Does Fourth Circuit Decision Signal the Death of ERISA Class Action Suits for DC Plans?
"An appellate court has rejected certification of a class seeking to sue plan fiduciaries who held BlackRock LifePath target-date funds.... The Fourth Circuit is essentially saying that for defined contribution plans, formal structure cannot hide the fact that damages are
individualized account losses.... This opinion ... directly challenges the procedural foundation used in many of the large fiduciary-breach cases over the past 15-20 years." [Trauernicht v. Genworth Fin. Inc., No. 24-1880 (4th Cir. Mar. 10,
2026)] MORE >>
American Retirement Association [ARA]
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Climate Risk Meets ERISA: Novel Lawsuit May Be Weaker Than Its Headlines
"A recently filed ERISA complaint has generated headlines suggesting a novel new theory of ERISA liability based on climate risk ... The core climate theory arguably rests on a false premise, and the more traditional 401(k) imprudence claims that do the real work beneath the
climate narrative have notable factual gaps." [Kvek v. Cushman & Wakefield U.S., Inc., No. 26-0736 (W.D. Wash. complaint filed Mar. 3, 2026)] MORE >>
Ropes & Gray LLP
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District Judge Officially Vacates Fiduciary Rule
"A federal judge in Texas officially closed the book on former President Joe Biden's fiduciary rule by granting an unopposed motion to vacate the rule.... A separate federal court in Texas will likely similarly order the rule vacated in the coming days in a parallel case in
which an unopposed motion to vacate has also been filed." [FACC v. DOL, No. 24-0163 (E.D.Tex. Mar. 12, 2026)] MORE >>
PLANSPONSOR; registration may be required
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How Retirement Plans Are Re‑entering a Deregulated Marketplace (PDF)
34 pages. "In retirement plans, especially [DC] plans, assets are increasingly moving into structures that live outside the strictest 'retail' regimes (CITs, private equity, insurance separate accounts, alternative vehicles).... The fiduciary overlay under ERISA ...
may not fully compensate for diminished product-level protections. What this paper will do:[1] Describe how the investor-protection architecture was built and what it was meant to solve. [2] Show where and how the perimeter is shifting in the retirement marketplace. [3] Provide a practical framework for fiduciaries to evaluate 'non-40 Act' and private-market exposures in DC plans. [4] Suggest policy and industry
responses that balance innovation with durable investor protections." MORE >>
Multnomah Group
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[Opinion]
Cool Runnings and Auto Portability: How Can We Smooth the Track?
"If we want retirement savings to follow the worker, they shouldn't need a GPS, three passwords, and a tax advisor to get there.... Auto portability would work if it were solely within the employer plan ecosystem -- but as it's currently structured, the money must
flow through an IRA. For pre-tax money? Not perfect, but manageable. For Roth money? Full stop.... A participant with both types of funds will see some money move. Other money gets stuck. Confusion increases." MORE >>
American Retirement Association [ARA]
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[Opinion]
Continued Inclusion of In-Plan Annuities May Breach ERISA Duties When Compared to Capital-Preserving Income Alternatives and Strategies
"A prudent fiduciary comparing these alternatives would observe: Annuity provides higher nominal income but destroys capital Treasury strategy produces materially greater terminal wealth Economic breakeven requires extreme longevity Accordingly: Selecting the annuity without
evaluating terminal wealth implications risks violating ERISA prudence standards because the fiduciary would be ignoring a material economic dimension of the investment decision." MORE >>
The Prudent Investment Adviser Rules
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Executive Compensation and Nonqualified Plans |
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DOL Pushes Back on Advisors' Advisory Opinion Suit
"[T]he federal government has moved to dismiss a suit from a trio of former Morgan Stanley financial advisers that had filed suit regarding a [DOL] advisory opinion that said the bank's deferred compensation plans likely aren't protected under ERISA." [Sheresky v. U.S., No. 25-8935 (S.D.N.Y. complaint
filed Oct. 28, 2025; defendant's motion to dismiss filed Mar. 11, 2026)] MORE >>
American Retirement Association [ARA]
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Employee Benefits Jobs
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Press Releases |
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ASC and Dynamis Announce Partnership to Streamline Census Data Imports
ASC
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UnitedHealthcare Expands Doula Offering to Employer-Sponsored Plans Nationwide
UnitedHealthcare
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Ascensus Recognized as #1 Provider for Plans Under $5M and a Top Provider by 2026 PLANSPONSOR Defined Contribution Survey
Ascensus
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NEPC Launches Pooled Employer Plan to Simplify Retirement Plan Management
NEPC
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Transamerica Combines AI and Human Support to Simplify Retirement Plan Consolidation
Transamerica
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Retirement Plans Re-Enter the Deregulated Marketplace: What Plan Sponsors Need to Know
ON-DEMAND WEBINAR
Multnomah Group
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What is ERISA and what does it stand for?
ON-DEMAND WEBINAR
KLB Benefits Law Group
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Enrolled Actuaries Conference
May 4, 2026 WEBINAR
Conference of Consulting Actuaries
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Last Issue's Most Popular Items |
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DOL Proposed Regs on Once-Per-Year Paper Participant Statements Not Nearly as Cut-And-Dried as You Might Think
Ferenczy Benefits Law Center
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Nondiscrimination Testing Considerations for Retirement Plan Lump-Sum Windows
Milliman
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Roth Catch-Ups Are Here: Is Payroll Keeping Up?
Snell & Wilmer
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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