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Retirement Plans Newsletter
April 20, 2026
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[Guidance Overview]
DOL Proposes Updates to ERISA Electronic Disclosure Requirements
"In putting forward its proposal, the EBSA cites a 2022 survey by [AARP] that showed 55% of respondents always reviewed their
paper statements, compared to 36% of respondents who always reviewed their electronic-only statements. The survey reported that 57% of adults would prefer to receive paper statements at least once per year, with even higher rates amongst low-to-moderate income adults, adults age 50 and older, and adults with no access to a computer through their employment." MORE >>
Bryan Cave Leighton Paisner LLP
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Fourth Circuit Holds That 'Contingent' Proof of Claim Did Not Trigger Statute of Limitations to Collect Withdrawal Liability
"For plans, the decision reinforces the importance of filing a proof of claim when an employer (or anyone whom the plan believes may be an employer) files for bankruptcy and monitoring the proceeding to ensure that the plan's rights are adequately preserved. For employers,
the decision is a reminder that while bankruptcy may be used to protect the rights of the debtor who commenced the proceeding, a plan may assert its rights to collect withdrawal liability from other controlled group members outside the context of the bankruptcy[.]" [Int'l Painters and
Allied Trades Industry Pension Fund v. Florida Glass of Tampa Bay, Inc., No. 25-1312 (4th Cir. Jan. 26, 2026,)] MORE >>
Proskauer
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Retirement Plan AI Generates New Risks for Employer Sponsors
"The growing use of artificial intelligence tools in retirement investing is creating new pitfalls for employers that sponsor plans and the fiduciaries that manage those assets, requiring them to meet their legal duties while navigating the changing technological landscape....
Emerging gray areas stemming from the contrast between the nascent technology and a decades-old law like ERISA include transparency about use of AI tools and liability if information from the technology is inaccurate[.]" MORE >>
Bloomberg Law; login may be required
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Keep Calm and Carry a Policy About Cybersecurity
"The [DOL] has made it clear that cybersecurity is part of prudent plan administration. Protecting plan assets includes safeguarding the systems and processes that hold them. In other words, this isn't just an IT issue. It's not just the recordkeeper's responsibility.
It's a fiduciary governance issue." MORE >>
American Retirement Association [ARA]
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States with Automated Retirement Savings Programs See Growth in New Private Plans
"[N]early every state with an auto-IRA program recorded an increase in the rate of new private-sector retirement plans from 2022 to 2023. This research suggests that state-facilitated savings programs continue to complement the private retirement plan market and do not inhibit or
compete with private plan formation, even years after a program goes online." MORE >>
The Pew Charitable Trusts
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Milliman Pension Buyout Index, April 2026
"In March 2026, the accounting discount rate increased by 36 basis points (bps), while competitive annuity purchase rates increased by 30 bps. This 6-bps difference led to an increase in the estimated competitive retiree buyout cost, as a percentage of accounting liability,
from 100.5% to 100.9%." MORE >>
Milliman
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[Opinion]
Reforming ERISA Lawsuits to Put Participants First
"The proposals are a series of targeted legislative reforms designed to restore balance while preserving strong protections for workers ... Together, these proposals aim to refocus ERISA enforcement on its original mission: protecting retirement savings and ensuring promised
benefits are delivered -- without encouraging lawsuits designed primarily to extract settlements." MORE >>
U.S. Chamber of Commerce
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Benefits in General |
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[Guidance Overview]
DOL Issues New EBSA Enforcement Priorities: Key Considerations for Plan Sponsors
"[T]he Memorandum represents a significant recalibration of EBSA's enforcement approach with the apparent intent of
providing greater predictability for plan sponsors and fiduciaries. Plan fiduciaries should nonetheless remain vigilant, particularly with respect to the enforcement priorities included in the Memorandum." MORE >>
Bryan Cave Leighton Paisner LLP
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[Guidance Overview]
Compliance Checklist: Military Leave
"This checklist helps employers understand their obligations when an employee notifies them of a need for military leave. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides federal job protection to employees serving in uniformed services, which
include active and inactive duty and training in the armed services, reserves, National Guard or Air National Guard, and more." MORE >>
Arthur J. Gallagher & Co.
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[Guidance Overview]
New Virginia Non‑compete Restrictions Become Law
"Under SB170, if an employee with a non‑compete is fired 'without cause,' then the non‑compete is unenforceable unless the employer provides 'severance benefits or other monetary payment,' which must be 'disclosed upon execution' of the agreement. The law
does not define 'cause,' 'severance benefits,' or 'other monetary payment.' Nor does the law mandate that the required monetary payment fully compensate the employee for the restricted period. The law affects only non‑competes entered into or amended on or after July 1, 2026." MORE >>
Hunton Andrews Kurth LLP
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OPTIONS Act Would Allow Employee Allocation of Employer Contributions Across Tax‑free Benefits
"PLR 202434006 permitted an election between a defined contribution plan, an HRA, an HSA, and student loan payments under a
qualified educational assistance program. The [OPTIONS Act (HR 8314)] goes beyond that and allows an election for any benefits that are excluded under the Code. Presumably, this would include benefits such
as a dependent care assistance program and a Trump Account." MORE >>
Groom Law Group
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Executive Compensation and Nonqualified Plans |
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Fourth Circuit Holds That Merrill Lynch's WealthChoice Award Program Is Not an ERISA-Covered Employee Pension Benefit Plan
"[T]he Fourth Circuit affirmed a district court's order granting summary judgment to Merrill Lynch, holding that the company's WealthChoice Award program -- a contingent cash incentive requiring eight years of continuous employment to vest -- is an excepted bonus payment
plan under 29 C.F.R. § 2510.3-2(c) and does not qualify as an ERISA-covered employee pension benefit plan." [Milligan v. Merrill Lynch, No. 25-1385 (4th Cir. Apr. 17,
2026)] MORE >>
Roberts Disability Law
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Selected New Discussions |
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Insurance Contract Payment Made to Trustee
"Question: A participant of a company dies, and their life insurance premiums have been paid by employer contributions. The life insurance company can only make the check out to 'The Trustee of the ABC Company 401K.' Can the employer deposit the check to trust at the
record keeper and, from there, allocate the funds to the deceased participant account? Or how else does this get done? I have very little experience with life insurance contracts in 401(k) plans, and this might be the first time I've ever had one pay out."
BenefitsLink® Message Boards
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Press Releases |
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ASC and SinglepointAI Announce Strategic Partnership to Streamline Data Automation for TPAs and Recordkeepers
ASC
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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
ON-DEMAND WEBINAR
Thompson Hine LLP
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2026 DOL Employee Benefit Plan Enforcement Priorities
ON-DEMAND WEBINAR
NFP Corp.
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401(k) Investment Revolution: Private Equity, Collective Investment Trusts, and Other Alternative Assets
April 28, 2026 WEBINAR
Thompson Hine LLP
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Last Issue's Most Popular Items |
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Trump Accounts: Overview and Policy Considerations
Congressional Research Service [CRS]
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The 401(k) to Roth IRA Rollover That Lets Retirees Pay Zero Taxes on Their Medicare Premiums
AOL
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EBSA Chief Warns Against ERISA Litigation Abuse, Regulatory Overreach
American Retirement Association [ARA]
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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