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Retirement Plans Newsletter

April 14, 2026

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[Guidance Overview]

Exceptional Usefulness and Quality icon Private Funds (And More) Are on Their Way to 401(k) Plans

"For the moment, though, pay particular attention to the Proposal's six defined factors. For each factor, there is a standard that reflects the DOL's expectations of plan fiduciaries. In addition, there are examples of prudent and imprudent fiduciary behavior under each example. Those factors, standards, and examples reflect the DOL's thinking. That thinking is consistent with views on retirement plan professionals in most cases. While some may be different or more demanding than current practices, they still reflect the behavior that the DOL clearly expects from fiduciaries, and fiduciaries should take that into account as they undertake their activities on behalf of plans."  MORE >>

Ferenczy Benefits Law Center

[Sponsor]

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PlanPort revolutionizes how advisors, recordkeepers, and TPAs use retirement plan documents across their business operations –- delivering efficiency, accuracy, review, and automation like never before. Now supporting ftwilliam document system integration.

Sponsored by PlanPort

Cigna Loses Bid to Dismiss or Delay ERISA Case

"A federal judge allowed proceedings in a slate of consolidated complaints against the Cigna Group to move forward because the case does not entirely rest on the outcome of the Supreme Court's future ruling in a similar case.... [The judge] argued that pausing the Cigna lawsuits -- which involve both underperformance and forfeiture misuse claims -- would be unfair to the plaintiffs because the resolution of [Anderson v. Intel] will not address all liability theories alleged in the Cigna actions." [In re Cigna ERISA Litigation, No. 25-2465 (E.D. Penn. Apr. 8, 2026)]  MORE >>

PLANADVISER

3(16): 'I Don't Think That Means What You Think It Means' (PDF)

"This article explores 3(16) fiduciary services, what truly are 3(16) services, why viewing them through the lens of 'risk mitigation' is misleading, and how employers should properly evaluate and benefit from this growing service model."  MORE >>

Nova 401(k) Associations in Journal of Pension Benefits

Advisors List Reduced Fiduciary Risk, Administrative Burden for Growing PEP Interest

"A growing number of financial advisors are considering pooled employer plans (PEPs), as more value streamlined administration strategies and reduced fiduciary risk.... [O]ver 80% of respondents listed fiduciary risk mitigation as a primary influencer shaping their views of PEPs, and another 80% believe that using the features 'significantly or moderately reduce administrative burden.' "  MORE >>

401(k) Specialist

DOL Proposal Does Not Offer Litigation Immunity, Former EBSA Head Says

"Lisa Gomez, the former head of [EBSA] explained ... that the Investment Selection Proposal does not create 'immunity from liability,' as it is currently written.... Gomez explained that fiduciaries with 'decision-making authority' over investment menus, such as sponsors and managers, still must have a prudent process for investment selection and monitoring because 'a safe harbor is not immunity from liability.' "  MORE >>

Plan Sponsor Council of America [PSCA]

Themes in Retirement Plan Design for 2026

"[1] Auto solutions increase participation, while engagement enhances outcomes ... [2] Do-it-for-me investments enhance the participant experience ... [3] Benefits integration could provide better outcomes."  MORE >>

Fidelity

DB Pension Eras: From 'Deterioration' to Funding Surplus

"Corporate pensions were king; however, additional means to save for retirement were developed and grew at the expense of their preeminence. But pension plans' vitality is rebounding in some ways, and an expert panel recently discussed their pullback from the brink to being flush with cash."  MORE >>

American Retirement Association [ARA]

2027 Social Security COLA Predicted to Be 2.8%; New Proposal Would Cap Benefits at $50,000 Per Person

"Based on the latest CPI data ... TSCL predicts that Social Security's 2027 Cost of Living Adjustment (COLA) will be 2.8%, the same as the 2026 COLA of 2.8%.... Meanwhile, as Social Security faces a potential benefits cuts of around 24% in 2032 ... a new proposal would address the problem by capping payments to beneficiaries at $50,000 per person, or $100,000 per couple.... [T]he policy would close about three fifths of the program's projected shortfall over the next 75 years."  MORE >>

The Senior Citizens League [TSCL]

Executive Compensation and Nonqualified Plans

A Practical Guide to Non-Qualified Deferred Compensation Strategies

"For the high-earning executive, the primary draw of an NQDC plan is the removal of the ceiling. There are generally no IRS limits on the amount of compensation that can be deferred into these plans, allowing individuals to set aside significantly more than the 401(k) maximum. This is particularly valuable for executives who want to manage their 'economic life' more holistically, planning for future income on their own terms."  MORE >>

Deschutes Investment Consulting LLC

Employee Benefits Jobs

💼

3(16) Account Manager

Pentegra

Remote / Putnam Valley NY

View job as 3(16) Account Manager for Pentegra

Press Releases

Executive Compensation and Benefits Attorney Shira A. Selengut Joins Holland & Knight’s New York Office

Holland & Knight

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

Why NAPA Matters for Plan Sponsors and Benefits Professionals

PODCAST

Williams Mullen

Exercises to Help Clients Better Navigate the Transition to Retirement After Having Done It Yourself

PODCAST

Nerd's Eye View

Last Issue's Most Popular Items

Non-Discrimination Testing Guide

Navia

ERISA Litigation Update, April 2026

Goodwin Procter

The 'New' 401(k) Retirement Savings 'Problem'

Nevin Adams in Data 'Points'

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

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