Fillable PDF; created Mar. 12, 2026.  MORE >>

"The Proposed Rule provides guidance to plan fiduciaries but does not ensure that asset managers will offer products that satisfy fiduciary standards.... The Proposed Rule anticipates that plan fiduciaries will turn to their investment advisers and asset managers to obtain representations regarding the six factors in the safe harbor.... [T]he additional representations and due diligence required to rely on the safe harbor may increase fees charged by investment advisers, asset managers, or both. Plan fiduciaries should review their service agreements to determine whether these extra services are included and at what cost. "  MORE >>

"While the general statement of the requirement of prudence on the part of an ERISA plan fiduciary states that there is an obligation of the fiduciary to consider all relevant factors, and that this applies to the valuation of alternative assets as a plan investment option available to participants, this same fiduciary obligation can equally be read to require, with respect to more traditional types of plan investment options, that there be an evaluation of such matters as the impact on an investment of environmental factors, benefits of a diverse workforce and other governance and societal implications of the businesses included in the investment choices available to plan participants."  MORE >>

"IRS regulations ... say that, even though an ex-spouse has a separate account, she must start taking RMDs when the participant reaches age 73 (or 75). The IRS rules go on to say that when RMDs start for the ex-spouse, she gets to use her own single life expectancy factor to calculate RMDs. Unfortunately, it's not clear which IRS life expectancy table should be used."  MORE >>

"[T]he complaint asserts that Cushman's management of the plan, particularly the absence of any sort of climate risk analysis, fails to live up to the fiduciary standards mandated by ERISA.... [M]any of the underlying allegations, such as underperformance and comparatively high fees, mirror more traditional ERISA fiduciary breach claims." [Kvek v. Cushman & Wakefield U.S., Inc., No. 26-0736 (W.D. Wash. complaint filed Mar. 3, 2026)]  MORE >>

"[T]he Sixth Circuit became the first federal appellate court to weigh in, determining that ERISA prohibits employers from using unreasonable or outdated actuarial assumptions when calculating joint and survivor annuities. Just days later, the Eastern District of Missouri reached the opposite conclusion ... The decision whether to proactively amend plan assumptions is not straightforward. Updated assumptions can increase plan liabilities, and an amendment could be characterized as a tacit acknowledgment that the prior assumptions were inadequate, potentially strengthening retroactive claims."  MORE >>

"In practice, advisors typically begin with the client's target retirement date, and then adjust levers such as withdrawal rates, asset allocation, and spending flexibility to make the plan work. But when the retirement date is treated as fixed, an important part of the planning problem may be left unexamined: whether the timing of retirement itself is helping or hurting the plan from the outset."  MORE >>

"This report provides a comprehensive literature review on the effects of pension plans on corporations and presents an enterprise discounted cash flow model for firm valuation incorporating pension risks.... The case studies also show that pension de-risking strategies should be considered under the firm's optimal capital structure.... While the primary goal of pension surplus is to enhance the benefit security of plan participants, pension surplus may also be a strategic asset that can potentially improve the corporate value."  MORE >>

"This essay collection examines how climate risk affects retirement by disrupting investments, housing, and healthcare. It highlights financial volatility, insurance challenges, and care disruptions, emphasizing interconnected risks and the need for resilience, diversification, and adaptive planning strategies for retirees."  MORE >>

"For plan sponsors willing to do due diligence, CITs can potentially reduce costs, improve flexibility, and support better long‑term outcomes for participants. But they can introduce risk and confusion just as easily as any other investment vehicle."  MORE >>

46 pages. "This report breaks down financial and investment data by fiscal year-end dates -- incorporating data collected from fall 2021 through fall 2025 to more clearly reflect performance trends over time."  MORE >>

"Annuity contracts have long provided the following capabilities to DC plans: [1] Asset accumulation.... [2] Protection of asset accumulations.... [3] Accumulations of guarantees.... [4] Protection and distribution of guarantees.... The question raised by the DOL's proposed prudence safe harbor, at least from the lifetime income side, will be whether and how any of the description of the standards apply to any of these particular features and the different types of contracts under which they are provided."  MORE >>

"Like the documentation that was previously required for hardship distributions, the documentation needed to substantiate principal residence loans is highly variable, non- standardized, and often difficult to collect and submit in a timely fashion.... [U]pdated guidance on principal residence loans would help to reduce administrative burdens and costs for plans and participants ... This could also reduce leakage, since a participant who cannot take a plan loan expeditiously may instead take a withdrawal[.]"  MORE >>

"[T]he date an item is delivered to the USPS is no longer relevant for determining whether a filing or notice is timely mailed. This creates uncertainty as to when a postmark will actually be applied, particularly for time-sensitive benefit plan documents.... For large-scale or mass mailings, [alternatives] may be impractical or cost-prohibitive. In such cases, plan administrators should strongly consider mailing well in advance of the deadline to account for potential delays before a postmark is applied."  MORE >>

"Plaintiffs contended that the Garmon doctrine [1] only applies to state law claims, and [2] only applies to federal claims 'within the jurisdiction of the NLRB,' i.e., not ERISA claims. The Sixth Circuit rejected both arguments. The court emphasized that the doctrine applies to all federal claims arising from activities arguably subject to the NLRA, including ERISA claims.... According to the Sixth Circuit, 'Plaintiffs' ERISA claims can succeed 'only if' Defendants' 'conduct violates the NLRA,' rendering the NLRA issues 'anything but collateral.' " [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 >>