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Retirement Plans Newsletter

April 2, 2026

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💼  6 New Job Opportunities

 

[Official Guidance]

Text of PBGC Interest Assumptions for Valuing Benefits in Single-Employer Plans, Second Quarter 2026

"This final rule ... prescribe[s] the spreads component of the interest assumption under the asset allocation regulation for plans with valuation dates of April 30, 2026 - July 30, 2026. These interest assumptions are used for valuing benefits under terminating single-employer plans and for other purposes."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Guidance Overview]

DOL Proposes Rule Clarifying ERISA Fiduciary Duties in Selecting 401(k) Investment Options

"The Proposed Rule is process‑based and asset‑neutral. It neither mandates nor prohibits any asset class, including alternative investments.... Asset‑allocation vehicles, including target‑date funds, are expressly within the rule's scope. The Proposed Rule underscores the importance of documenting the fiduciary decision making process, the appropriate use of expert advisors, and ongoing monitoring."  MORE >>

Seyfarth Shaw

[Guidance Overview]

DOL Proposes Safe Harbor for Selecting Retirement Plan Investment Options

"A new safe harbor process framework does not eliminate the practical issue that alternative assets often involve more limited transparency, different fee structures, liquidity constraints, and valuation methodologies that can be harder to benchmark that can be more difficult to benchmark and defend. It is likely that plaintiffs' counsel would focus heavily on benchmarking, valuation practices, and fee reasonableness relative to documented expected benefits."  MORE >>

Smith, Gambrell & Russell, LLP

[Guidance Overview]

DOL Proposes New Fiduciary Safe Harbor for Investment Selection in Defined Contribution Plans

"If finalized as proposed and upheld by the courts, the Proposed Regulation would potentially ... [1] Reduce litigation risk for fiduciaries that document a prudent selection process. [2] Encourage innovation in plan menus, particularly within professionally managed vehicles such as target-date funds and managed accounts. [3] Reaffirm fiduciary flexibility to consider alternative assets thoughtfully."  MORE >>

The Wagner Law Group

[Guidance Overview]

SEC Releases New Interpretation on Crypto Assets

"[The SEC has] issued an Interpretative Release related to how federal securities laws will be applied to many cryptocurrency assets and related transactions. This release clarifies the SEC's approach in an area otherwise historically challenged with much uncertainty, especially with respect to the fundamental regulatory question of which crypto assets are considered securities and which aren't."  MORE >>

Stinson

Questions When Choosing a Retirement Plan for Your Small, Faith-Based Organization

"[1] What do you want for your employees? ... [2] What kind of plan is right for you? ... [3] Are you eligible for a 'church plan'? ... [4] What legal or administrative issues might arise? ... [5] Where you can you get help?"  MORE >>

Daniel Aronowitz and Kenneth Wolfe, Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Gen X Faces Retirement Shock

"Generation X means people born between 1965 and 1980.... This group is the first to mostly depend on 401(k) savings instead of old-style ... Gen X is the least confident generation about retirement readiness. One in five Gen Xers has already delayed retirement due to financial concerns.... Around 25.8% of Gen X has an outstanding 401(k) loan, the highest among all generations."  MORE >>

The Economic Times

NAIC Signals Potential Tightening of Annuity Illustration Practices

"The Working Group has asked for input on how to ensure that indexed annuity illustrations give consumers reasonable expectations, after regulators observed materials suggesting annual returns of 10-25% for multiple years. The comment record -- including responses from industry trades, actuarial bodies, consumer advocates, and vendors -- strongly suggests that current practices around indexed annuity illustrations and disclosures will be revisited. The Working Group is considering short-term and long-term approaches designed to ensure consumers receive reasonable expectations for indexed annuity returns at the point of sale."  MORE >>

Troutman Pepper Locke

CRS In Focus: U.S. Retirement Assets Data, 1995-2024

"From 2010 to 2024, the amount of assets in private sector DC plans increased by 94.4% and in federal government DC plans increased by 145.3%, while the amount in private sector DB plans decreased by 22.3% and in federal government DB plans decreased by 5.5%." [Also available: CRS In Focus 13193: U.S. Retirement Assets, Data in Brief]  MORE >>

Congressional Research Service [CRS]

[Opinion]

DOL Releases Long-Awaited Rule on Diversifying 401(k) Retirement Plan Assets

"The proposed rule gives individuals the freedom to diversify their assets, choose a more aggressive investment approach if desired, and to pool assets, giving individuals access to invest in vehicles that have been reserved for institutional and accredited investors for decades.... If finalized after the public comment period, the proposal could open the door to broader diversification, potentially stronger long-term returns, and a retirement system that elevates middle-class savers instead of permanently limiting them to a narrow set of public market funds."  MORE >>

R Street Institute

[Opinion]

Private Investments in 401(k)s: We Still Have Questions

"Given how much most plan sponsors worry about litigation risk, many will need more clarification before they take the plunge. While the proposed rule aims to provide clarity, the questions it raises around fees, liquidity, valuation, and complexity are significant. They are precisely the areas of greatest fiduciary risk and where plan sponsors will need clear guidance before they can act with confidence."  MORE >>

Morningstar

Benefits in General

[Guidance Overview]

Trump Accounts: Opportunities and Considerations for Employers, Financial Institutions, and Philanthropic Organizations

"Employers interested in making contributions to Trump Accounts or facilitating employee contributions to Trump Accounts may wish to begin planning now to identify open questions as well as internal resources and assistance that may be needed from service providers, in particular if there is a desire to have a program in place under a cafeteria plan in time for open enrollment near the end of 2026."  MORE >>

Thompson Hine

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Equity Compensation Tax Traps for the Unwary

"Nonqualified stock options (NQSOs) don't have that many issues, assuming the Form W-2 accurately includes the income from the spread at exercise. At sale, the basis adjustment for ordinary income relating to the stock sold from the NQSO is sometimes missed.... Taxpayers who are unfamiliar with the alternative minimum tax (AMT) might miss the adjustments relating to ISOs.... For AMT reporting, the special beneficial tax rules for ISO don't apply. Instead the spread at exercise is part of AMT income."  MORE >>

Forbes; subscription may be required

[Guidance Overview]

Executive Order Aims to Limit Stock Buy Backs and Executive Compensation by Certain Defense Contractors (PDF)

"[EO 14372] may require underperforming contractors to implement 'remediation plans' ... and calls for new contract terms restricting stock buybacks and executive compensation paid by some defense contractors.... [T]he EO does not define many of the terms used, raising numerous questions as to the potential scope of its application, as well as the authority for the U.S. Department of Defense/ War to take some of the actions called for in the EO."  MORE >>

Wiley Rein LLP in Employee Relations Law Journal

Employee Benefits Jobs

💼

Senior Plan Consultant, Defined Benefit

DWC - The 401(k) Experts

Remote

View job as Senior Plan Consultant, Defined Benefit for DWC - The 401(k) Experts

💼

Senior Operations Specialist - Retirement Plans

Ameritas

Remote

View job as Senior Operations Specialist - Retirement Plans for Ameritas

💼

Senior Account & Client Consultant - Retirement Plans

Ameritas

Remote

View job as Senior Account & Client Consultant - Retirement Plans for Ameritas

💼

Retirement Plan Administrator

FinDec

Remote

View job as Retirement Plan Administrator for FinDec

💼

Actuary

Employee Benefits Security Administration, U.S. Department of Labor

Washington DC / Seattle WA / New York NY / Kansas City MO / Pasadena CA / San Francisco CA / Chicago IL / Fort Lauderdale FL / Boston MA / Dallas TX / Silver Spring MD / Philadelphia PA / Atlanta GA / Covington KY / Hybrid

View job as Actuary for Employee Benefits Security Administration, U.S. Department of Labor

💼

Actuary

Nyhart, part of FuturePlan by Ascensus

Remote / IN

View job as Actuary for Nyhart, part of FuturePlan by Ascensus

Selected New Discussions

Must a Fiduciary Consider Whether a Participant Can Understand an Investment Alternative?

"Yesterday's proposed interpretation about selecting designated investment alternatives for an individual-account retirement plan that provides participant-directed investment seems to focus on a fiduciary's decision-making about the investment merits of an investment alternative. A subpart about complexity speaks to whether the fiduciary knows enough, or with an adviser can know enough, to evaluate, thoughtfully, an investment's risks and potential rewards related to the complexities.

"Some people think a fiduciary ought to consider whether a typical participant can understand the complexities and risks of a designated investment alternative. Even if a fiduciary has done a prudent-expert job in setting the menu, a participant decides whether and how to use an investment alternative.

"Others think it's unnecessary to consider whether a participant can understand a more complex investment alternative because a typical participant cannot understand even the simpler alternative, shares of a publicly available mutual fund regulated by Federal securities laws. BenefitsLink neighbors, which is your view? And why?"

BenefitsLink® Message Boards

Deferrals Made Before Employee Was a Participant

"An employee was permitted to defer in 2024 prior to her actual date of participation. The trustee did not want to retroactively amend the plan to allow her to be a valid participant when her early deferrals were made, instead the early deferrals were refunded to her in 2026. The document does not address the remedy for this situation. I'm guessing the refunded deferrals would be included in her 2026 W-2 -- would a 2026 1099-R need to issued to her for this refund?"

BenefitsLink® Message Boards

Press Releases

The Asteri Collective Expands National Footprint with New Member Firms

Asteri Collective

Jones Walker Expands Tax Practice and Employee Benefits Team with Two Miami Attorneys

Jones Walker

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

Unpacking the Department of Labor’s Proposed Rule on Designated Investment Alternatives

April 15, 2026 WEBINAR

ERIC [The ERISA Industry Committee]

Govt. Plans under Code §§457(b), 403(b) & 401(a): Similarities & Differences

May 14, 2026 WEBINAR

ASC

Last Issue's Most Popular Items

A New Playbook for Prudence: DOL Proposes Process-Based Safe Harbor for Selection of Both Traditional and Alternative 401(k) Investments

Ropes & Gray LLP

DOL Issues Proposed Rule and Safe Harbor Intended to Facilitate the Inclusion of Alternative Assets in 401(k) Plans

Proskauer

Reasserting ERISA's Private Enforcement Design: A Rebuttal to EBSA's 'Frivolous Litigation' Narrative

The Prudent Investment Adviser Rules

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

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