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Retirement Plans Newsletter

April 22, 2026

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[Guidance Overview]

Alternative Assets, Part 1: The Executive Order and Proposed Regulation

"The proposed regulation is responsive to [EO 14330] and, in fact, goes beyond it by describing the criteria that apply to all investments for participant-directed plans, including both alternative assets and traditional assets. That means that fiduciaries of plans that don't include alternative investments need to pay attention to this proposal as well. Also, while the EO limited itself to allocations to alternative investments as parts of asset allocation investments and strategies, the proposal is much broader -- it covers the selection of standalone alternative investments."  MORE >>

FredReish.com

[Guidance Overview]

A Safe Harbor in Rough Waters: DOL's Proposed Regulation on Alternative Assets

"This article outlines the history of the DOL's alternative investment guidance, provides an overview of the proposed regulation, and identifies certain provisions that should be clarified in the final regulation to further the goal of creating a workable fiduciary safe harbor."  MORE >>

Carlton Fields

Client Satisfaction Key for Growth Among Recordkeepers

"Recordkeepers can expect a greater amount of review activity from plan sponsors through 2026 ... 27% of plan sponsors will conduct a new recordkeeper search this year and 56% plan to run a due diligence review to benchmark recordkeeping fees and services. All plan segments, aside from large employers, said they expect to perform a review of their recordkeeping partners."  MORE >>

401(k) Specialist

2026 Corporate Pension Funding Study

"Key results for 2025: The funded percentage increased from 101.1% to 103.8%. The funded status surplus improved from $13.4 billion to $48.1 billion. The average return on investments was 8.80%. The average discount rate decreased from 5.39% to 5.31%. The average expected return on assets assumption increased from 6.54% to 6.61%."  MORE >>

Milliman

[Opinion]

The DOL's Proposed Six-Factor Prudence Rule: The Good, the Bad, and the Ugly

"The rule gives plan sponsors a defensible process framework they've never had before, brings real scrutiny to fee practices that have long harmed participants, and could help fiduciaries make better-documented decisions regardless of where they land on the active-versus-passive spectrum.... Key provisions are either unenforceable from a participant's perspective, built on a fee disclosure framework that remains broken, or unlikely to produce real-world change despite the regulatory machinery behind them."  MORE >>

Employee Fiduciary

[Sponsor]

2026 CCA Enrolled Actuaries Conference | Virtual

Choose from 39 sessions covering topics in single-employer, multiemployer, public plans, small plans and other topics relevant to pension professionals. Earn up to 18.5 EA credits, including 2.0 EA Ethics & 1.5 credits toward bias topics. Learn more.

Sponsored by Conference of Consulting Actuaries [CCA]

[Opinion]

Terminal Wealth: The True Fiduciary Prudence Paradigm with Regard to the In-Plan Annuity Scam

"Once annuitization occurs, the remaining capital is no longer accessible, transferable, or responsive to changing circumstances. That decision locks in a terminal wealth outcome at the moment of conversion, often eliminating residual value altogether unless specific (and typically costly) riders are in place. A fiduciary evaluating whether to recommend or include such an annuity must therefore weigh not just the stability of income provided, but the impact on total terminal wealth."  MORE >>

The Prudent Investment Adviser Rules

[Opinion]

DOL’s New Proxy Rule Could Increase Litigation

"Technical Release 2026-01 has been framed as a narrow clarification on proxy voting.... It is something far more consequential: [1] A major expansion of fiduciary status -- mostly for consultants. [2] A political intervention into ESG and proxy voting.... [3] [A] quiet weakening of ERISA's federal protections by deferring to weak state regulatory regimes on annuities and CITs."  MORE >>

The Commonsense 401(k) Project

[Opinion]

NASRA Comments on Reason Foundation's 2025 Pension Solvency and Performance Report (PDF)

"Reason's '2025 Pension Solvency and Performance Report' characterizes public pensions as operating continuously on a precipice, one market downturn from falling into an abyss and sending their sponsoring governments to fiscal ruin. Reason relies on specious comparisons of public pension plans and selective data while ignoring industry standards and practices, to present a pessimistic image of public pensions that are in financial and actuarial peril and investing at an inappropriately high level of risk."  MORE >>

National Association of State Retirement Administrators [NASRA]

Benefits in General

[Guidance Overview]

EBSA Redefines Its Enforcement Approach: Plan Sponsor and Fiduciary Takeaways

"[FAB 2026-01] is a positive development for plan sponsors and fiduciaries, as on the whole it suggests a more restrained and targeted enforcement approach: Likely fewer investigations overall, particularly those based on novel or unsettled legal theories or on ESOP valuations. Greater focus on clear-cut violations, especially those involving conflicts of interest or significant participant harm. Increased focus on fiduciary duty of loyalty and reduced emphasis on standalone prudence claims, absent loyalty concerns. More centralized decision-making within EBSA, leading to greater consistency across regions."  MORE >>

Thompson Hine

Employee Benefits Jobs

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Relationship Manager

EPIC RPS

Norwich NY / MO

View job as Relationship Manager for EPIC RPS

Selected New Discussions

Can a 1099 Payment Be Considered as W-2 for Purposes of Plan Compensation?

"A client paid their children 1099 i/o W-2 at the suggestion of their CPA, this is for 2025. The children received W-2 for 2024 and at least one of them was eligible to participate in the pension plans. I am told to accept 1099 as w-2 (which is the compensation definition in the plan document). How can I accept this, makes no sense? Here is the definition from basic plan document. Checked all the code etc and no reference to any 1099 equivalency.

'W-2 Compensation' means wages, within the meaning of Code section 3401(a), and all other payments of compensation to an Employee by the Employer (in the course of the Employer's trade or business) for which the Employer is required to furnish the Employee a written statement under Code sections 6041(d), 6051(a)(3), and 6052. W-2 Compensation shall be determined without regard to any rules under Code section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code section 3401(a)(2)).'

Anything I am missing?"

BenefitsLink® Message Boards

Should a Fiduciary Replace the Investment for a Missing Participant?

"A PWBA interpretation suggests a fiduciary may override a participant's last investment direction when the participant 'can no longer be located' and the individual's investment seems no longer prudent. ERISA Advisory Opinion No. 96-02A (Feb. 9, 1996). BenefitsLink neighbors, are you aware of any plan that replaces a 'missing' participant's investment?"

BenefitsLink® Message Boards

Press Releases

PenChecks Trust Expands NextLevel IRA Platform with PGIM’s RetireWell Managed Account Solution

PenChecks Trust

Business Group on Health Honors 56 Companies With Best Employers Award: Excellence in Health & Well-being

Business Group on Health

Business Group on Health Honors HII With 2026 Best Employers Award: Excellence in Health Care Value

Business Group on Health

IRIC and SPARK Institute Launch Industry Evaluation Framework for Retirement Income Solutions

SPARK Institute

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

Regulatory Reality Check for Employers

PODCAST

Brown & Brown

Amending Governmental Plans Without Breaking Federal Law

April 30, 2026 WEBINAR

Ice Miller

Last Issue's Most Popular Items

SECURE 3.0 Gains Steam with Auto-Enroll, Saver's Match Push

401(k) Specialist

Retirement Plan Correction Solution: My Plan Termination Hero

Ferenczy Benefits Law Center

DOL Proposes Broad Safe Harbor for Selecting DC Plan Investments (PDF)

Mercer

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

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