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Retirement Plans Newsletter

March 17, 2026

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💼  2 New Job Opportunities

 

[Official Guidance]

PBGC Relaunches Opinion Letter Program to Expand Compliance Assistance

"The [PBGC] today announced the relaunch of its Opinion Letter Program. This initiative provides meaningful compliance assistance to the public by answering questions about how PBGC would apply the law to specific factual circumstances."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Sponsor]

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[Guidance Overview]

Correcting Overpayments in Defined Contribution Plans After SECURE 2.0

"[The IRS] has specific language and procedures to correct plan errors ... [R]efunds distributed to HCEs [in error] are considered 'overpayments,' that is, amounts paid to participants that should not have been.... In general, the IRS's correction rules require the Plan to request that participants repay the overpayment.... However, the SECURE 2.0 Act made fixing this problem easier if the overpayment is an 'inadvertent benefit overpayment' or 'IBO'."  MORE >>

Ferenczy Benefits Law Center

[Guidance Overview]

Trump Account Guidance, Part 2: How to Open an Account, Claim the $1,000 Government Contribution

"The Treasury Department and IRS recently released additional guidance related to these accounts within two coordinated notices of proposed rulemaking that address the critical threshold questions of [1] how Trump accounts are opened generally, and [2] how the one-time $1,000 government 'pilot program' contribution is deposited into the accounts of eligible children born from 2025 through 2028."  MORE >>

Thompson Hine

Fourth Circuit Deals Significant Blow to Mandatory Class Certification in ERISA Defined Contribution Plan Litigation

"The decision ... establishes, at least in the Fourth Circuit, that ERISA Section 502(a)(2) claims brought in the context of a defined contribution plan are 'individualized monetary claims' that cannot be aggregated into a mandatory class action, and it reinforces defendants' ability to argue that certification should be denied where plaintiffs cannot demonstrate that proposed class members have actually suffered the same injury." [Trauernicht v. Genworth Fin. Inc., No. 24-1880 (4th Cir. Mar. 10, 2026)]  MORE >>

Vinson & Elkins LLP

Sixth Circuit Holds ERISA's Actuarial Equivalence Requirement Bars Use of Unreasonably Outdated Mortality Assumptions

"Reversing two district court dismissals, the court held that ERISA's actuarial equivalence requirement imposes substantive limits on the assumptions plans may use, including a prohibition on unreasonably outdated mortality tables.... Writing for the majority, Judge Stranch framed the central question as whether ERISA's actuarial equivalence requirement permits plans to rely on assumptions that are materially disconnected from current reality. The court answered in the negative." [Reichert v. Kellogg, No. 24-1442, consol. Watt v. FedEx, No. 24-5945 (6th Cir. Mar. 16, 2026)]   MORE >>

Roberts Disability Law

Are Recordkeeper Security Guarantees a Fiduciary Minefield?

"[M]any retirement plan recordkeepers are offering and promoting online security guarantees or fraud reimbursement programs to address unauthorized or fraudulent transactions, promising to make participants whole and reimburse them for losses that are at no fault of the participant.... Far from being simple supplemental consumer benefits, the security guarantees or fraud reimbursement programs that are marketed as protecting participants must be evaluated through the lens of ERISA's fiduciary standards."  MORE >>

Michael Best

Which Applies First: Compensation or Deferral Limits?

"More than half of respondents ... (57%) allow employees to defer up to the full deferral limit (Section 402(g) limit and catch-up, if eligible), regardless of the compensation cap while 38% limit deferrals when the compensation cap has been reached, and five percent have another approach.... Only 12% said that not applying the compensation limit affected testing, and those stated that they had to make adjustments/refunds to HCEs after the fact[.]"  MORE >>

American Retirement Association [ARA]

Digital Asset Investments in ERISA Plans

"This article focuses on describing the Administration's position on digital assets, explaining how plan sponsors should approach the topic from a compliance perspective, and predicting what comes next.... [The authors] recommend that sponsors exercise the same prudence and thoughtful process when considering digital asset investment vehicles as they would in evaluating any potential investment, while also considering the aspects of digital assets that make them unique in the investment space."  MORE >>

Kutak Rock LLP

Former DOL Officials Push Back on Bill Limiting ERISA Litigation

"Eight former [DOL] officials are calling on lawmakers to reject legislation designed to limit the recent tsunami of ERISA litigation.... [The ERISA Litigation Reform Act (HR 6084)] was said to clarify the burden of proof in certain fiduciary-related claims and establish a targeted stay of discovery during the early stages of litigation."  MORE >>

American Retirement Association [ARA]

Proposed Trump Retirement Accounts: Costs and Savings

"The program would cost the federal government $285 billion over its first ten years, RAND estimated....As workers build up their retirement savings, they become less dependent on Medicaid and Supplemental Security Income ... By year 40, total government costs would add up to nearly $1.2 trillion. Total savings would have pushed past $5 trillion."  MORE >>

RAND Corporation

Pension Risk Transfer Pricing Update, March 2026

"Both annuity purchase interest rates declined by an average of 16 basis points entering the month of March.... With many pension plans still in a healthy funded position and interest rates remaining above historical averages, plan sponsors have an opportunity to stay proactive."  MORE >>

October Three Consulting

[Opinion]

How Policy Risks Affect Retirement Planning for Older Americans

"[A] new survey of investors nearing, or in, retirement ... finds people are more concerned about their future; and they cite the prospects of Social Security cuts and high inflation as most harmful.... [S]ome plan to delay retirement and shift to more conservative investments. Since hedging risks comes at a cost, the greater uncertainty of today's policy environment clearly hurts older Americans."  MORE >>

Alicia H. Munnell, Center for Retirement Research [CRR] at Boston College

[Opinion]

Why the Total Portfolio Approach May Be Unsuitable for Mid-Market Public Employee Plans

"TPA does away with a strategic asset allocation (SAA), in favor of setting a reference benchmark (say, 80% equities / 20% bonds). The CIO and investment staff then build a portfolio which has a similar risk profile as the reference benchmark but eliminates formal asset class limits which exist in the SAA approach.... As CIOs of mid-market public pension plans, [the authors] see several challenges with TPA that are papered over or simply not addressed in most discussions."  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

Employee Benefits Jobs

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Ubiquity Retirement + Savings

Remote / San Francisco CA

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Selected New Discussions

Independent Contractor Turned Employee

"We have an owner only plan that recently went through a Department of Labor and Employment Unemployment Insurance Employer Services Audit in 2025. The audit was for 2023. It was determined that the 1 Independent Contractor was actually an employee. The client paid the necessary taxes and began treating them as an employee for the remainder of 2025. So for 2025, the Independent Contractor turned employee received both a 1099 and a W-[2] Is it reasonable for the client to list the employee's hire date as the audit close date since this is when the employee began receiving W-2 wages?"

BenefitsLink® Message Boards

Loss of Safe Harbor Status

"Plan is intended to be a safe harbor plan. It defines compensation to exclude bonuses. Most of the time, we would assume this is acceptable under 414(s), because bonuses are typically received disproportionately by HCEs. But due to unusual circumstances, this turned out not to be true for 2025, a fact which they discovered only after 2025 ended.

"My assumption is that this eliminates safe harbor status for 2025, and that they must now run ADP tests and take the normal steps to correct. But is this correct? 'Dropping safe harbor status' is supposed to be prohibited mid-year, but would this be considered dropping safe harbor status or never having had it? And if this would be considered an impermissible dropping of safe harbor status, what would the correction be, anyway?

"Also, what happens for 2026? Are they precluded from making changes for 2026 on the theory that it is a safe harbor plan for 2026 unless the compensation definition also proves to be discriminatory in 2026? In particular, can they remove a top paid group election from the plan and/or change the definition of compensation for 2026?"

BenefitsLink® Message Boards

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

Spring Into Readiness: Preparing for a Successful Benefit Plan Audit

ON-DEMAND WEBINAR

Sikich LLP

IRA and Employer Plan Rollovers

March 18, 2026 WEBINAR

Ascensus

Trump Accounts: What Plan Sponsors and Potential Account Trustees Need to Know

April 14, 2026 WEBINAR

Thompson Hine LLP

Last Issue's Most Popular Items

Keeping the Missing Participant Search Compliant

PLANSPONSOR; registration may be required

Does Fourth Circuit Decision Signal the Death of ERISA Class Action Suits for DC Plans?

American Retirement Association [ARA]

Baby Steps: Treasury Issues First Set of Proposed Regs for Trump Accounts

Brownstein Hyatt Farber Schreck LLP

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

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