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Retirement Plans Newsletter
March 27, 2026
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💼 4 New Job Opportunities
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[Guidance Overview]
Proposed DOL Rule Would Amend the Rules Related to Electronic and Paper Disclosures for Retirement Plans
"[T]he proposed amendments would, for plan years beginning after December 31, 2025... [1] Require defined
contribution plans to furnish at least one paper pension benefit statement to participants each calendar year ... [2] Require defined benefit plans to furnish at least one paper pension benefit statement to participants every three calendar years ... [3] Require paper pension benefit statements to explain how participants may affirmatively elect electronic delivery of future statements." MORE >>
Smith, Gambrell & Russell, LLP
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[Guidance Overview]
DOL Finally Delivers Proposed SECURE 2.0 E-Disclosure Rule Changes
"Retirement plan administrators who rely on DOL's 2002 e-disclosure safe harbor would need to take the following actions for employees who first become eligible to participate after December 31, 2025 ... [1] Deliver a new one-time paper notice to new
participants before delivering the required benefit statement electronically instead of on paper. [2] Give new participants the ability to opt out of e-delivery of all required ERISA disclosures." MORE >>
Mercer
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[Guidance Overview]
DOL Proposes Updates to E-Delivery Rules to Align with SECURE 2.0
"If finalized as proposed, most participants and beneficiaries will continue to receive their retirement plan disclosures
electronically, but plans will need to [1] Ensure at least one paper statement is sent on the required schedule unless the participant or beneficiary meets an electronic delivery exception, [2] Build or update processes for the new one-time paper notice for newly eligible individuals when using the 2002 safe harbor, and [3] Confirm that no participant-level fees are being charged for paper pension benefit statements under the
2020 safe harbor." MORE >>
Ascensus
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Second Circuit Holds RMBS Trust Certificates -- But Not Notes -- Can Constitute ERISA Plan Assets
"The case arose from a multiemployer pension plan’s investments in residential mortgage-backed securities (RMBS). The plan alleged that mortgage servicers and related entities mismanaged the underlying loans, engaged in self-dealing, and caused losses to the plan. Whether
those claims could proceed depended on a threshold question—whether the underlying mortgage loans themselves, rather than just the RMBS instruments, constituted plan assets under ERISA." [Powell as Tr. of United Food & Com. Workers Union & Emps. Midwest Pension Fund v. Ocwen
Fin. Corp., No. 23-999 (2d Cir. Mar. 26, 2026)] MORE >>
Roberts Disability Law
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Old Assumptions, Current Problems: New Sixth Circuit Ruling on Actuarial Assumptions for Pensions
"[T]hese cases show that courts (and particularly the Sixth Circuit) are willing to scrutinize dated actuarial assumptions used by defined benefit pension plans.... [T]he tables in these cases ... are by no means outliers. Mortality tables of this vintage are used by the
majority of plans nationwide. While this has been an accepted industry practice for decades, this Sixth Circuit ruling demonstrates that it is not without risk." [Reichert v. Kellogg, No. 24-1442, consol. Watt v. FedEx, No. 24-5945 (6th Cir. Mar. 16,
2026)] MORE >>
Miller Canfield
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Southwest 401(k) Case May Lower Bar for ERISA Fiduciary Claims
"The case ... centers on allegations that Southwest failed for years to remove the Harbor Capital Appreciation Fund ... from the Southwest Airlines Co. Retirement Savings Plan ... despite persistent underperformance against its benchmark and peer funds, which
plaintiffs argue cost employees millions in retirement savings. The ruling addresses whether allegations tied to even a single imprudent investment option are sufficient to proceed past the pleading stage." [Anderson v. Southwest Airlines Co., No. 25-0214 (N.D. Tex.
Mar. 25, 2026)] MORE >>
401(k) Specialist
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Roth Catch-Up Contributions Are in Effect: What Plan Sponsors Need to Know
"Because payroll determines how contributions are coded and reported, it remains the foundation of compliance.... Clear communication can prevent confusion. Sponsors should explain who is affected, how the income threshold works, and what the change means for both current taxes
and long-term retirement planning.... Don't overlook the enhanced catch-up limit." MORE >>
Employee Benefit News [EBN]; login required
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401(k) Fees Fall, Small Plan Costs Remain Higher
"[M]ost scenarios also show reductions in total plan costs and advisor compensation. The data also underscores a persistent reality: smaller plans continue to pay significantly more than their larger counterparts, and cost variation across providers remains
substantial." MORE >>
401(k) Specialist
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Small Business Retirement Plan Options: Defined Contribution Plans (PDF)
4-page chart compares features of 4 types of retirement plans commonly used by small businesses. MORE >>
Retirement Management Services
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Can an ESOP Indemnify You in a Transaction?
"Agreeing to indemnify others in a transaction would impose additional liabilities and financial risks on the ESOP without providing any participant benefit. That kind of risk assumption would be inconsistent with the trustee's fiduciary duties and would almost certainly
constitute a breach under ERISA." MORE >>
Bricker Graydon Wyatt
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[Opinion]
Apollo's Garbage Dump: Athene Loading Up on Risk Endangers Retirees in PRT's and Other Annuity Investors
"Apollo wants you to believe Athene is the safest part of the machine. The reality is the opposite. Apollo's Private Credit and Private Mortgages, many worth 70 cents on the dollar, can hide their losses on the Athene balance sheet. If those loans are mispriced -- or
deteriorate -- Athene absorbs the damage." MORE >>
The Commonsense 401(k) Project
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Benefits in General |
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[Official Guidance]
Text of IRS Publication 1099: General Instructions for Certain Information Returns for Use in Preparing 2026 Returns (PDF)
34 pages; Mar. 19, 2026. "What's New ... [1] New box 10, 'Family leave benefits,' was added to Form 1099-G to facilitate the reporting of family leave
benefits paid by state paid family and medical leave programs.... [2] Form 1099-R ... was revised to include new check boxes 7b for IRA, SEP, and SIMPLE plans, check box 7c for Trump Account reporting, and new box 7d for reporting earnings on excess contributions.... [3] Form 5498-TA, Trump Account Contribution Information, and Form 1099-LPS, Long-Term Care Premiums Paid Statement, are currently under development and projected to be released in mid-2026 for tax year
2026/filing season 2027." MORE >>
Internal Revenue Service [IRS]
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How Retirement Fiduciaries Can Help Health Plan Fiduciaries
"Advisers’ deep knowledge of the fiduciary process can aid employers making sense of new disclosures from pharmacy benefit managers." MORE >>
PLANADVISER
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Virginia Moves to Further Restrict Non-Compete Agreements
"Under the bill, if an employee subject to a non-compete is fired without cause, the agreement is unenforceable unless the
employer provides severance pay or another form of monetary compensation. However, if the employee is fired 'for cause', the non-compete agreement is enforceable. The proposed law also requires employers to disclose any severance benefits or payments at the time the non-compete agreement is executed." MORE >>
Hunton Andrews Kurth LLP
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Can 'I Felt Pressured' Undo a Signed Severance Release?
"The Sixth Circuit affirmed summary judgment for an employer after finding that a former employee's severance release was knowing and voluntary under all five factors the court applies, rejecting her claims of racial discrimination, gender discrimination, retaliation, and
hostile work environment. The decision is a practical checklist for any employer that uses severance releases." [West v. Dow Chemical Co., No. 25-1681 (6th Cir. Mar. 10, 2026; unpub.) MORE >>
Pierson Ferdinand LLP
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Employee Benefits Jobs
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Economist
Employee Benefits Security Administration [EBSA]
Washington DC / Hybrid
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Selected New Discussions |
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Actuarial Increases Exceed Average Compensation
"A DB participant terminated at age 60. Was entitled to his benefit at the plan's NRA of age 62. Did not get paid his benefit until age 74. Actuarial increases are bring given to reflect the benefit payments that were not made for the period of age 62 until age 74. Question:
The increased a accrued benefit at age 74 is $2,950. The participant's average monthly comp was $1,964. Is this increase up to 2,950 that is greater than his avg comp allowed or is the increase capped at $1,964, his average monthly comp (as cannot increase the benefit past 100% of comp)?"
BenefitsLink® Message Boards
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Press Releases |
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Corebridge Financial and Equitable Holdings Announce Transformational Merger
Corebridge Financial
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Healthee Introduces Cash-Pay Network to Help Employers Reduce Healthcare Costs by 20-50%
Healthee
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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ERISA Remedies: Key Enforcement Provisions and Scope of Equitable Relief for Benefit Claims
May 5, 2026 WEBINAR
BARBRI
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Last Issue's Most Popular Items |
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What Is the Impact of the Social Security Retirement Earnings Test?
American Retirement Association [ARA]
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USPS Postmark Changes Could Affect Employee Benefit Plans
Mercer
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Washington State Bans All Noncompetes and Takes a Swipe at Traps, Clawbacks, and Forfeitures
Littler
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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