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Retirement Plans Newsletter
April 6, 2026
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💼 2 New Job Opportunities
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[Official Guidance]
Draft of 2026 IRS Form 5498: IRA Contribution Information (PDF)
"The information on Form 5498 is submitted to the IRS by the trustee or issuer of your individual retirement arrangement (IRA) to report contributions, including any catch-up contributions, rollovers, repayments, required minimum distributions (RMDs), and the fair market
value (FMV) of the account." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
DOL Proposes Rule on Fiduciary Duties for Selecting 401(k) Plan Investment Options
"Although rooted in an executive order on alternative assets, the proposal addresses more than just alternative assets and outlines a new process-based safe harbor for fiduciary decision-making.... [B]eyond plan fiduciaries who are directly impacted by the Rule, the Rule will
also impact many other stakeholders in the DC Plan ecosystem, including plan consultants, investment advisers, fund sponsors/managers, asset managers, recordkeepers, insurers, investment advisers, broker-dealers, and other DC plan service providers and product manufacturers." MORE >>
Morgan Lewis
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[Guidance Overview]
Proposed Rule to Expand Investments in Retirement Plans
"The Proposed Rule clarifies that investments in alternative investments, including private market investments, direct and
indirect interests in real estate, holdings in actively managed investment vehicles investing in digital assets, direct and indirect investments in commodities, direct and indirect interests in projects financing infrastructure development, and lifetime income strategies, will not automatically be subject to heightened scrutiny by the DOL." MORE >>
Shearman & Sterling LLP
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Sixth Circuit Holds That Garmon Doctrine Bars ERISA Fiduciary-Duty Claims That Necessarily Depend on Resolution of Disputed NLRA Obligations
"The court held ... [that] Plaintiffs' complaints expressly grounded the Trustees' alleged ERISA violations in the Funds' purported NLRA status quo obligation to accept contributions -- not merely Rieth-Riley's obligation to make them. Because
Plaintiffs' ERISA claims could succeed 'only if' the Funds' refusal violated the NLRA, the NLRA issues were not collateral but central to the claim. The court declined to address alternative grounds for dismissal." [Rieth-Riley Construction Co., Inc. v. Trustees of the
Operating Engineers' Local 324 Fringe Benefit Funds, No. 25-1823 (6th Cir. Apr. 3, 2026)] MORE >>
Roberts Disability Law
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Sixth Circuit Allows Two Actuarial Equivalence Lawsuits to Proceed
"The court found that because ERISA requires a qualified joint and survivor annuity (QJSA) to be the actuarial equivalent of a participant's accrued benefit, there is an implicit requirement under ERISA that plans must use reasonable assumptions when assessing equivalence --
even though ERISA does not say so explicitly.... The circuit court did not decide whether the plans' assumptions were, in fact, reasonable, but instead remanded that issue back to the district courts." [Reichert v. Kellogg, No. 24-1442, consol. Watt v. FedEx, No. 24-5945 (6th Cir. Mar. 16,
2026); Landel v. Olin Corp., No. 25-0096 (E.D. Mo. Mar. 20, 2026)] MORE >>
Mercer
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GAO Report on Retirement Security: Most Defined Contribution Plans Do Not Require Spousal Consent to Remove Funds and Doing So Would Involve Trade-Offs
"This report examines [1] when married participants are required to obtain spousal consent to remove funds from or designate a beneficiary in defined contribution plans, and how often fund removal occurs; [2] what stakeholders said about the potential effects on spouses
when married participants take out funds without their spouse's consent; and [3] what stakeholders cite as the trade-offs of increasing spousal protections and potential alternatives." [GAO-26-107536 pub. Mar. 05, 2026; rel. Apr. 06, 2026] MORE >>
U.S. Government Accountability Office [GAO]
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DB to DC: A Look at the Change in Retirement Plan Seasons
"One factor that may make DC plans especially attractive to employees, the CRS argues, is that DC plan accounts are
portable.... The CRS notes that some contend that the shift from DB to DC plans may have resulted in a greater number and percentage of private-sector employees benefitting from retirement plans." MORE >>
American Retirement Association [ARA]
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Why Cash Balance Plans Outpace 401(k)s in Savings
"Though traditional 401(k) and 403(b) plans can be effective, their contribution limits often make them less attractive to high-income partners and executives, who are often searching for ways to save more and reduce corporate taxes. Cash Balance plans, on the other hand, offer
an accelerated savings vehicle that allows for increased contributions and significant tax advantages. [This article explores] how Cash Balance plans can support executive retention and reduce individual and corporate taxes in 2026." MORE >>
October Three Consulting
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Private Equity and Alternative Asset Managers in the Pension Risk Transfer Market (PDF)
"In this article [the authors] examine the involvement of PE firms (or, more generally, alternative asset managers) in the US insurance industry and address some of the risks cited by observers, including the use of reinsurance to affiliates and the use of structured and private
credit." MORE >>
Gallagher
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[Opinion]
Alternatives in 401(k)s Are a Solution in Search of a Problem
"Allowing alternative investments, which are usually expensive and opaque relative to core fund types, would be a step backward for 401(k) menus. Instead, the biggest problems with 401(k) plans relate to usability, accessibility, and helping 401(k) investors at key life
stages, such as when they switch jobs or retire. Addressing the following issues would likely have a much bigger positive impact on workers' retirement outcomes than adding alternative-type investment options." MORE >>
Morningstar
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[Opinion]
The DOL's Fiduciary Rule Is Really a Gift to Wall Street -- and a Trap for Plan Sponsors
"The [DOL] is selling its new fiduciary rule as protection. Protection from lawsuits. Protection through process. Protection via a checklist. But strip away the language, and the reality is far more troubling: This rule is not about reducing litigation. It is about unlocking new
revenue streams for Wall Street and the insurance industry -- while leaving plan sponsors holding the liability." MORE >>
The Commonsense 401(k) Project
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[Opinion]
Much Ado About Nothing: The DOL's New Alternative Investment Rule vs. the Administrative Procedure Act
"The Department's proposed rule cannot withstand scrutiny under the Administrative Procedure Act because it is internally
inconsistent, departs from prior agency positions without adequate explanation, and rests on rationales that conflict with both statutory text and binding precedent." MORE >>
The Prudent Investment Adviser Rules
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Benefits in General |
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[Guidance Overview]
Privacy of Family Offices: Hidden Benefit Plan Compliance Risks
"Family offices are understandably private, with many aspects of their operations shrouded in secrecy, including their investments, family members, ownership details and the structures designed to protect them.... Assessing which entities are part of the 'family' enables
holistic advice on the family office's obligations, including whether employee benefits must be offered and whether the benefits provided are compliant with current rules. This becomes more complex for family offices with a global scope, particularly if the original family is unfamiliar with U.S. regulations and is hesitant to allow deeper review of the broader structure." MORE >>
Cohen & Buckmann, P.C.
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Treasury Department Designates BNY as Financial Agent to Support New Trump Accounts Program
"Under this designation, BNY will manage the initial accounts and help develop the new Trump Accounts app -- a secure, user-friendly platform that will enable families to easily access and manage their accounts. As part of this process, BNY has partnered with Robinhood, which
will serve as brokerage and initial trustee for Trump Accounts. Together, these partners will support Treasury's goal of ensuring every eligible child can access a Trump Account quickly and easily." MORE >>
U.S. Department of the Treasury
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Employee Benefits Jobs
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Actuary
The Pension Source
Remote / Stuart FL / Abilene TX
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Press Releases |
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Ascensus Appoints Dan Morrison as President of Retirement
Ascensus
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Uhlmann Price Securities Bolsters Retirement Plan Services with Appointment of Matthew Barbera as Head of 401K Advisory Services
Uhlmann Price Securities
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The Retirement Advantage, Inc. (TRA)® Celebrates 30 Years of Leadership, Growth, and Partnership in the Retirement Industry
TRA [The Retirement Advantage]
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Trump Accounts: What We Know, What We’re Waiting For
April 14, 2026 WEBINAR
Thompson Hine LLP
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Last Issue's Most Popular Items |
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DOL Issues Groundbreaking Proposed Rule on Prudence Considerations for 401(k) Plan Investments
Mayer Brown
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IRS Proposes Rules Governing Trump Accounts, Including $1,000 Federal Pilot Contributions
Ascensus
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DOL's New 401(k) Fiduciary Safe Harbor: A Roadmap for Alternative Assets and the Litigation Risks That Remain
Thompson Hine
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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