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Retirement Plans Newsletter

April 28, 2026

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[Guidance Overview]

DOL Proposes Opening 401(k) Plans to Alternative Assets

"The Proposed Rule is much broader than the directive of the Executive Order because it provides a roadmap to Plan fiduciaries on the prudent selection of all investments under a defined contribution plan. Significantly, as described [in this article], the Proposed Rule would provide a safe harbor for fiduciaries of participant-directed defined contribution plans subject to [ERISA] when selecting investment options, including alternative asset classes."  MORE >>

Slevin & Hart, P.C.

[Guidance Overview]

DOL Proposes New Regulatory Safe Harbor for Prudent Selection of Designated Investment Alternatives in Participant-Directed Individual Account Plans

"The proposal's safe harbor seeks to establish a legal presumption that fiduciaries meeting certain conditions have acted prudently in their DIA selections. This presumption, if upheld by the courts, should lower the risk profile of compliant selections, including defense, settlement, and insurance costs. Lower risks and costs may encourage fiduciaries to incorporate alternatives and other less traditional investments into their DIAs, either as standalone options or, we think more likely, as components of professionally managed target-date or other pooled fund options."  MORE >>

Goodwin Procter

Who Checks on Your 401(k) Plan's Service Providers?

"[No] matter how comfortable the employer's relationship with its plan service providers may be, the employer needs to proactively consider alternatives from time to time. The convenience of a comfortable relationship does not excuse an employer from the activities required to properly monitor its plan service providers."  MORE >>

Golan Christie Taglia

Exceptional Usefulness and Quality icon The Advisor Who Works for Someone Else: Professional Capture in Retirement Plan Consulting

"[I]ndependent evaluation of a consulting relationship requires looking past process documentation to economic architecture. The most important questions are not about methodology. They are about money. How does your firm generate revenue beyond our retainer? Does any portion of your compensation, or that of your parent, flow, directly or indirectly, from recordkeepers or investment managers you recommend to us? ... Can you help us understand, in writing, every way your firm, not just your team, is compensated in connection with our retirement plan? How is individual consultant compensation structured, and does any component create incentives around provider relationships?"  MORE >>

Multnomah Group

2026 Investment Company Fact Book (PDF)

146 pages. "In its 66th edition, this ICI publication continues to provide the public and policymakers with a comprehensive summary of ICI's data and analysis."  MORE >>

Investment Company Institute [ICI]

U.S. Retirement Assets Hit $49.1T, Driven by DC Plans, IRAs

"US households had a record $49.1 trillion earmarked for retirement at year-end 2025 -- up 11% from year-end 2024 ... [E]mployer-sponsored DC plans (including 401(k) plans) and IRAs ... together represented 68% of all retirement market assets at year-end 2025.... 74% of US households have some tax-advantaged retirement savings."  MORE >>

401(k) Specialist

2-Point Dip in Model Pension Plan's Funded Status

"During the first quarter of 2026, the funded status of the model pension plan ... fell by 2 percentage points, to 107 percent ... This decrease in funded status is attributable to a 2 percent decrease in assets, partially offset by a 1 percent decrease in liabilities."  MORE >>

Segal

The 'Take That, Uncle Sam' Rule of Retirement Spending

"With this approach, money is withdrawn strategically to limit your tax exposure. The less you pay Uncle Sam, the more you have to spend or leave to your heirs. It's a strategy any retiree can use, but timing is everything. Those who spend more early in retirement must structure their plans differently from those who wait until later."  MORE >>

Kiplinger

[Opinion]

SPARK Comment Letter to EBSA on Amendments to Electronic Disclosure Safe Harbors (PDF)

"The proposal appropriately preserves the existing safe harbors.... Clarification needed on regulatory effective date.... Clarification needed on global opt-out and one-time initial notice.... Additional guidance [needed] on paper statement requirement -- Section 338(a) [of SECURE 2.0]."  MORE >>

The SPARK Institute

[Opinion]

ICI Comment Letter to the DOL on E-Delivery Safe Harbors (PDF)

"Not only are the participant protections sufficient, but making electronic delivery the default method for communicating with participants and beneficiaries (while still allowing participants to opt for paper): facilitates positive participant plan engagement and savings behavior; enhances the effectiveness of ERISA communications, particularly for individuals with disabilities or for whom English is not the primary language; produces significant cost savings for more than 80 million retirement savers; and reduces the environmental impact of tons of discarded paper every year."  MORE >>

Investment Company Institute [ICI]

Selected New Discussions

Rolled Over Cash Balance Benefit Into New Cash Balance Plan

"Hypothetically, say we have a plan that strategically terminated and when paying out the benefits were told to roll them into an IRA. However, said owners put all of the money into the trust for a new plan they were setting up. How should this rollover be treated/tracked in the new plan? The new plan does allow rollovers, so no issue there."

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Congruent Solutions and Manifest Partner to Power Connected Retirement Experiences Across CORE and Retirement Edge

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Last Issue's Most Popular Items

Text of IRS Notice 2026-27: Updated Static Mortality Tables for Defined Benefit Pension Plans for 2027 (PDF)

Internal Revenue Service [IRS]

Text of IRS Request for Comments on IRA and Trump Account Contribution Information

Internal Revenue Service [IRS]

Alternative Investments and Your 401(k): How Broad Is the New Safe Harbor's Protection?

Cohen & Buckmann, P.C.

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

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