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Retirement Plans Newsletter
March 18, 2026
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💼 2 New Job Opportunities
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[Official Guidance]
SEC Clarifies the Application of Federal Securities Laws to Digital Assets
"The Commission interpretation: [1] Provides a coherent token taxonomy for digital commodities, digital collectibles,
digital tools, stablecoins, and digital securities. [2] Addresses how a 'non-security crypto asset' ... may become subject to, and how it may cease to be subject to, an investment contract. [3] Clarifies the application of federal securities laws to airdrops, protocol mining, protocol staking, and the wrapping of a non-security crypto asset." [Also available: Fact Sheet] MORE >>
U.S. Securities and Exchange Commission [SEC]
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[Sponsor]
Modernizing Financial Services for 2026 & Beyond
Modernization isn’t optional. In our Q1 2026 newsletter, explore enterprise transformation in action, a sharp comparison of U.S. Social Security and Australia’s Superannuation, and critical SECURE 2.0 and CARES Act deadlines. Download Here!
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[Official Guidance]
Text of IRS Notice 2026-19: Weighted Average Interest Rates, Yield Curves, and Segment Rates for March 2026 (PDF)
"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on
30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]" MORE >>
Internal Revenue Service [IRS]
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Fourth Circuit's Genworth Ruling Upends 401(k) Class Certification in Virginia
"A Virginia federal judge reversed class certification in a lawsuit claiming an electric utility trade group let its 401(k) plan be charged inflated administrative fees, pointing to the Fourth Circuit's recent decision in a separate case that unwound class status based on the
varied performance of individual accounts." [Mullins v. NRECA, No. 25-0994 (E.D. Va. Mar. 13, 2026)] MORE >>
Law360; subscription required
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3M Wins Dismissal of 401(k) Custom TDF Lawsuit on 'Meaningful Benchmark' Basis
"Noting that 'Plaintiffs have not alleged facts plausibly showing that their proffered indices and target-date funds are meaningful benchmarks for the 3M target-date funds,' a federal judge has dismissed the suit.... 'Either the Complaint must plausibly allege that
all TDFs are meaningful benchmarks for all other TDFs, or it must allege that the S&P Indices and 3M TDF Series share like composition,' he explained. 'The Complaint does not include either allegation.' " [Batt v. 3M Co., No. 25-3149 (D. Minn.,
Mar. 10, 2026)] MORE >>
American Retirement Association [ARA]
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House Education and Workforce Committee Advances ERISA Litigation Reform Legislation
"The [ERISA Litigation Reform Act's (HR
6084)] main provisions would: [1] Change the burden of proof for adequate consideration ... [2] Change the current burden of proof to require plaintiffs to prove that service provider fees were not reasonable and not necessary. [3] Ensure that the expensive and time-consuming process of discovery does not occur until a court has decided a claim may move forward." MORE >>
The ESOP Association
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Committee Meeting Minutes: Make Them Your Friend, Not Your Foe
"Effective minutes typically document: [1] Who attended the meeting and in what capacity; [2] Materials reviewed, such as benchmarking reports, investment performance data, or consultant recommendations; [3] Key discussion points, including questions raised and
alternatives considered; [4] Decisions made, along with the rationale (even at a high level); and [5] Follow‑up items, such as issuing an RFP, placing an investment on a watchlist, or requesting additional analysis." MORE >>
Bricker Graydon Wyatt
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Unlock Retirement Spending by Motivating Better Withdrawal Decisions (PDF)
"Retirees often rely on simple, hands-off spending strategies ... These approaches require little engagement or complex decision-making and may result in suboptimal spending.... Goal-setting may be the missing driver, where retirees may need new or renewed goals in
retirement to motivate more-engaged spending decisions." MORE >>
Morningstar
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Worker Participation in Employer-Sponsored Pensions in 2025
"Among all civilian workers, 75% had access to employer-sponsored pension plans. A greater percentage (65%) had access to DC plans than had access to DB plans (24%).... A greater percentage of state and local public sector workers (92%) had access to pension plans compared to
private sector workers (72%). State and local government workers were more likely to have access to DB pension plans (86%, compared with 14% for private sector workers), whereas private sector workers were more likely to have access to DC pension plans (70%, compared with 38% of state and local government workers)." [IF13185 Mar. 18, 2026] MORE >>
Congressional Research Service [CRS]
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[Opinion]
Has Class Certification Returned as a Significant Barrier to ERISA Breach of Fiduciary Duty Litigation?
"[T]he very existence of the opinion in Trauernicht at this point means that, on all issues necessary to establish class certification, plaintiffs' counsel in ERISA cases are going to have to be very careful as to how they pursue certification and are going to have
to confront a number of issues that, at a minimum, they didn't previously have to take on in the same level of depth to obtain certification." [Trauernicht v. Genworth Fin. Inc., No. 24-1880 (4th Cir. Mar. 10, 2026)] MORE >>
Stephen Rosenberg, The Wagner Law Group
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[Opinion]
I've Met the Enemy in 401(k) Plans and It's Usually a Spreadsheet
"The problem isn't technology. The problem is faith. People believe numbers because they look confident. A spreadsheet never hesitates, never admits it's confused, and never says, 'I might be wrong.' Human beings, on the other hand, are messy, so we trust the neat
rows instead of the messy reality. That's how you get late deposit calculations based on the wrong pay frequency or eligibility lists that still include employees who retired during the Bush presidency." MORE >>
The Rosenbaum Law Firm P.C.
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Benefits in General |
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Cybersecurity in the Age of AI : Best Practices for Employee Benefits Administration
"AI tools are increasingly used in benefits administration.... While these tools can improve efficiency, they also introduce new cybersecurity risks that fiduciaries must evaluate.... Based on the DOL's guidance and emerging best practices, fiduciaries should consider
implementing the following measures: [1] Vendor due diligence.... [2] Contractual protections.... [3] Participant education.... [4] Employee education.... [5] Documentation." MORE >>
Foley & Lardner LLP
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The Convergence of Health and Wealth: Why Holistic Benefits Communication Works
"Nearly two-thirds of Americans live paycheck to paycheck, making it critical that benefits communication doesn't treat health and financial wellness as separate conversations. This article outlines how employers can build year-round communication strategies—beyond
annual enrollment—that connect daily spending, debt, HSA contributions, and long-term savings into a coherent picture." MORE >>
Milliman
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Medicare Premiums Could Double Over Next the Decade, Wrecking Retirement Budgets
"Medicare Part B premiums, which cover doctors and hospital outpatient services, will rise to about $5,000 a year by 2035, up from about $2,440, according to a recent report by the Senate Joint Economic Committee.... Part of the expected increase in Medicare Part B premiums -- or about $450 a year of the projected $5,000 a year premium -- would be due to overpayments made by the government to Medicare Advantage plans, the report said." MORE >>
Morningstar
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Aligning Controls with Risk: A Framework for Employee Benefit Plans and Labor Organizations
"For [employee benefit plans] and labor organizations, aligning internal controls with risk is essential to effective governance. Applying a structured framework and adapting controls to the nature of the risks, helps strengthen governance, protect assets, and build trust with
stakeholders." MORE >>
Withum Smith+Brown, PC
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
IRC Section 4960: Did the IRS Get It Wrong in 2017?
"Last month, the IRS released GLAM 2026-001
clarifying that applicable tax-exempt organizations (ATEOs) cannot escape the IRC Section 4960 excise tax on excess executive compensation simply because a covered health insurance provider (CHIP) is part of their affiliated group.... The GLAM also explicitly repudiates Chief Counsel Advice 201752008 (2017), warning that reliance on it does not qualify as a 'reasonable, good faith interpretation' of IRC Section 4960 -- in part because that CCA was issued before IRC Section 4960 was enacted. " MORE >>
Groom Law Group
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When the Top Hat Tips: Protecting Executive Compensation from the Creditors' Hit List
"This article provides a practical framework for distressed companies navigating top-hat plans, covering: [1] What top-hat plans are and why they are uniquely vulnerable in distressed companies. [2] Key bankruptcy risks: preferences, fraudulent transfers, and avoidance actions.
[3] Pre-filing preparation strategies that work and pitfalls to avoid. [4] Section 409A compliance essentials for distressed companies. [5] Post-petition retention tools: Key Employee Incentive Plans (KEIPs) vs. Key Employee Retention Plans (KERPs)." MORE >>
Foley & Lardner LLP
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Employee Benefits Jobs
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Selected New Discussions |
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SECURE 2.0 Amendment Deadline Overlap with DC Cycle 4 Restatements
"For better or worse, we made a call early on after the enactment of SECURE 2.0 to have our clients use the increased force out limit of $7,000. We informed them of same and have been administering the
plans accordingly, figuring we'd have been able to get the amendments done over a fair span of time. When the formal amendments from our doc provider not coming until December 2025, we've been in a pinch for time to get those done. On top of that, the Cycle 4 DC restatement window opens later this year. We're not thrilled about having to complete the amendments and then immediately restate the documents for everyone. Has
anyone heard any rumblings of an extension on the amendment deadline to coincide with the restatement window? That would make a lot of sense and make my life MUCH easier for the next 12-16 months."
BenefitsLink® Message Boards
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Withdrawal Liability 'Cheat Codes': Section 4204 (Part Two)
PODCAST
Proskauer
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From Confidence to Commitment: Closing the Retirement Readiness Gap
PODCAST
LIMRA
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Last Issue's Most Popular Items |
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Correcting Overpayments in Defined Contribution Plans After SECURE 2.0
Ferenczy Benefits Law Center
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PBGC Relaunches Opinion Letter Program to Expand Compliance Assistance
Pension Benefit Guaranty Corporation [PBGC]
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Which Applies First: Compensation or Deferral Limits?
American Retirement Association [ARA]
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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