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Retirement Plans Newsletter

May 5, 2026

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💼  4 New Job Opportunities

 

[Official Guidance]

Text of SEC Staff Statement Regarding Pooled Employer Plans

"Congress adopted the SECURE Act to expand the ability of small employers, including self-employed individuals, to participate in pooled employer plans and benefit from the economies of scale such plans provide. Accordingly ... it is reasonable to similarly treat pooled employer plans as single employer plans for purposes of rule 180(a)(2).... [T]he staff would not object if a CIT issues interests to a pooled employer plan that covers self-employed persons without registering the offer and sale of the CIT's interests under section 5 of the Securities Act in reliance on rule 180; provided that the plan: [1] is subject to ERISA; and [2] the issuance meets all of the requirements in rule 180(a)(1) and (a)(3)."  MORE >>

Division of Investment Management, U.S. Securities and Exchange Commission [SEC]

[Sponsor]

Navigating Platform Change?

Modernization doesn’t need to slow you down. We help organizations manage platforms transitions, reduce risk and maintain operational stability. See how.

Sponsored by Enterprise Iron

[Guidance Overview]

Executive Order Directs Agencies to Promote Access to Individual Retirement Accounts

"The cost and quality criteria specified in the order will narrow the IRAs eligible for being listed through the marketplace and may incentivize the development of new, low-cost, index-based products tailored to the new platform.... [T]he implementation timelines set forth in the Executive Order are tight. With the Saver's Match set to take effect on January 1, 2027, IRA custodians and recordkeepers will have a limited window to build the operational framework necessary to implement the federal matching contributions efficiently and accurately."  MORE >>

Groom Law Group

ERISA Class Certification Fails to Get a Clean Bill of Health

"The Fourth Circuit held ... that in the context of defined contribution plans, ERISA claims under section 502(a)(2) present claims for individualized monetary relief and thus are not appropriate for class treatment under Rule 23(b)(1).... If other circuits adopt the Fourth Circuit's reasoning, the decision could eliminate the availability of mandatory certification under Rule 23(b)(1), but the ruling does not foreclose the possibility that ERISA breach of fiduciary duty class actions arising under defined contribution plans can be filed under Rule 23(b)(3)." [Trauernicht v. Genworth Fin. Inc., No. 24-1880 (4th Cir. Mar. 10, 2026)]  MORE >>

Carlton Fields

S Corporations: Why the Owners’ W-2s Matter for Retirement Plan Contributions

"S-corporation payments to shareholder-employees are generally split between W-2 compensation and pass-through distributions. While distributions can be tax-efficient from an employment-tax perspective, shareholder-employees must still be paid reasonable compensation for services performed, and distributions generally do not count as 'compensation' for qualified plan contribution purposes. As a result, an owner who minimizes W-2 wages may also be unintentionally limiting retirement savings opportunities."  MORE >>

Spectrum Consultants

Breaking the Budget for SMBs: The Impact of Retirement Plan Transaction Fees

"6 in 10 [small and medium-sized business (SMB)] employers report paying fees they didn’t anticipate when they signed up for a plan - including charges for audits, ERISA counsel, and compliance filings. 73% reported that these fees drove up the overall cost of their benefits program. As a consequence of extra costs, employers terminated their plan (13%), lowered matching contributions (26%), or cut benefits to compensate (31%). 64% said participants withdrew from the plan because they found transaction fees unaffordable, unexpected, or confusing."  MORE >>

Human Interest

Can Service Providers Convince More Small Firms to Offer 401(k)s?

"Professional service providers -- e.g., accountants, bankers, advisors -- are trusted partners who can help convince small firms to offer retirement plans. However, many may unintentionally reinforce misperceptions about plan costs and administrative burdens, making adoption seem out of reach. Analysis of new survey results shows that the providers with the most success: [1] are familiar with simple low-cost plan options; [2] describe plans as a tool to boost recruitment and retention; and [3] provide hands-on guidance to help firms set up a plan."  MORE >>

Center for Retirement Research [CRR] at Boston College

Assessing the Potential Impact of Active Fixed Income on Participant Outcomes

"Relative to passive‑only investments, the additional returns from active fixed income are estimated to substantially improve retirement sustainability ... For a typical 20‑year retirement, these effects include 25% longer retirement horizons, retirement several years earlier, a 30%+ increase in match rates, or sustainable spending increases of roughly 9%, with benefits growing at longer horizons.... [C]ombining both active public and private fixed income further amplifies these gains, yielding improvements that are large, robust across historical regimes."  MORE >>

Sean Klein of PIMCO via SSRN; purchase may be required

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement NMI-2026-01, for Taxpayers Impacted by Super Typhoon Sinlaku in the Commonwealth of the Northern Mariana Islands

"[I]ndividuals and businesses affected by Super Typhoon Sinlaku in the Commonwealth of the Northern Mariana Islands that began on April 11, 2026 ... now have until Nov. 2, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households affected by Super Typhoon Sinlaku that reside or have a business in the Northern Islands, Rota, Saipan and Tinian qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Roundup of Employer Resources on Recent Noncompete Restrictions (PDF)

37 pages; updated May 4, 2026. "This roundup focuses on recent federal and state actions to restrict noncompete provisions and provides links to federal and state resources from organizations, government websites, third-party resources, and news articles. The aggregated content in each section is organized in reverse chronological order[.]"  MORE >>

Mercer

[Opinion]

Why DOL Administrative Bulletin 2026-01 Will Not, and Should Not, Withstand Judicial Scrutiny

"[FAB 2026-01] contains a defect that is not merely analytical, but structural: it is internally inconsistent on its face. The Bulletin expressly conditions enforcement on alignment with 'clearly established case law,' yet the governing premise it adopts -- that fiduciary prudence may be satisfied by process alone -- is unsupported by, and in tension with, the very body of law it invokes. That contradiction is fatal."  MORE >>

The Prudent Investment Adviser Rules

Employee Benefits Jobs

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Team Manager

Indiana TPA

Indianapolis IN

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Retirement Plan Consultant

Definiti

Remote

View job as Retirement Plan Consultant for Definiti

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Deputy Director for Operations

Centers for Medicare & Medicaid Services [CMS]

Bethesda MD / Hybrid

View job as Deputy Director for Operations for Centers for Medicare & Medicaid Services [CMS]

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Sales Development Representative

Ubiquity Retirement + Savings

NJ / NY / Hybrid

View job as Sales Development Representative for Ubiquity Retirement + Savings

Selected New Discussions

When Should a User of an IRS-Preapproved Document Adopt Its SECURE 2022 Provisions?

"I’m now reviewing a draft of a plan’s restatement. (The draft is not from the recordkeeper, nor my firm.) The IRS-preapproved documents lack items to specify which of SECURE 2022’s optional provisions the plan includes or omits. For whatever plan amendment ought to be done by December 31, 2026, the plan sponsor (following its internal business reasons) wants to do everything now. What’s an effective way to document the plan’s SECURE 2022 optional provisions (without defeating reliance on the IRS’s opinion letter on the IRS-preapproved documents)? Or is the plan sponsor’s preference to document now its SECURE 2022 provisions unwise?"

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

Equity Comp Bootcamp for Financial Advisors

May 14, 2026 WEBINAR

myStockOptions.com

Exploring DC Plan Advisors’ Views About Alternative Investments and Pooled Employer Plans

May 19, 2026 WEBINAR

LIMRA

IRA University

July 8, 2026 WEBINAR

Ascensus

Last Issue's Most Popular Items

DOL Issues Field Assistance Bulletin on Guiding Principles for EBSA Enforcement Priorities

Groom Law Group

Latest Actuarial Equivalence Lawsuit Hands Win to Sponsor

Mercer

Uptake of Optional SECURE Act Provisions

Plan Sponsor Council of America [PSCA]

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

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