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Retirement Plans Newsletter

May 7, 2026

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[Official Guidance]

PBGC Launches Amicus Curiae Program

"As part of the Corporation's compliance assistance efforts, this program establishes a process for private parties to request that the agency file an amicus brief in cases with potential implications for PBGC or the broader private pension system.... Instructions for submitting an amicus curiae request can be found on PBGC's website. Upon receiving a request, PBGC will move expeditiously to evaluate it. Still, PBGC recommends early submission to facilitate thorough review. PBGC may ultimately decline to file an amicus brief. It may also elect to file one on its own initiative."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Official Guidance]

Draft of Instructions for IRS Form 5498-TA: Trump Account Contribution Information (PDF)

"File Form 5498-TA, Trump Account Contribution Information, with the IRS and furnish it to the account beneficiary for each Trump account you maintained during the calendar year shown on the form for any calendar year during the growth period of the account beneficiary. For any calendar year after the growth period of the account beneficiary, file Form 5498, IRA Contribution Information, with the IRS and furnish it to the account beneficiary."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Alternative Assets, Part 3: DOL Proposal and Selection of Plan Investment Menu

"[T]his is the first time that the DOL has said that fiduciary responsibility for investment selection extends beyond the selection of individual investments and includes the selection of an appropriate lineup of investments for participant direction ... This provision, even though in a proposal, should be seen as reflecting the DOL's views on fiduciary responsibilities."  MORE >>

FredReish.com

[Guidance Overview]

SEC Puts a PEP in Its Step

"On May 4, the Staff of the [SEC] Division of Investment Management issued a [Staff Statement] permitting a pooled employer plan (PEP) to be treated as a 'single employer' plan for purposes of certain registration exemptions under federal securities law. Most notably, the Statement removes a barrier to PEP investments in collective investment trusts (CITs) where self-employed individuals participate in the PEP. The Statement helps both PEPs and CITs by articulating a clear rule and imposing only modest compliance burdens."  MORE >>

Groom Law Group

[Guidance Overview]

You've Got (Snail) Mail: The DOL Takes a Turn Toward Paper Disclosures in Its Proposed Regs

"For plans using the 2002 “wired-at-work or consent” safe harbor, the proposed regulations would require plan administrators to provide a one-time paper notice — provided before any electronic qualified retirement plan benefit statement — to participants, beneficiaries, or alternate payees who first become eligible on or after January 1, 2026, informing them of their right to opt out of electronic delivery and receive all disclosures required under Title I of ERISA (i.e., SPDs, SMMs, SARs, benefit statements, etc.) on paper, free of charge."  MORE >>

Seyfarth

[Guidance Overview]

DOL Proposes New Safe Harbor for Selection of Designated Investment Alternatives for Defined Contribution Plans

"Plan fiduciaries should note that the Proposed Rule emphasizes a disciplined and thoughtful process over the inclusion (or exclusion) of any investment option for participant-directed individual account plans, not only alternative investments.... [I]nvestment committee charters, investment policy statements, and upcoming solicitations (RFPs) for new investment products and new investment advisors, managers and consultants, should be updated to reflect the parameters of the safe harbor."  MORE >>

Epstein Becker Green

DOL Requests Oral Argument Time in Additional Forfeiture Appeals

"The [DOL] asked the U.S. 3rd Circuit Court of Appeals to allot a portion of defendants' oral argument time in two separate forfeiture cases to the department so that it can express its view on the disputes. Defendants in both Luciano Barragan v. Honeywell International Inc. and Jim Cain v. Siemens Corp. granted the DOL five of their allotted 15 minutes of oral argument time in forfeiture complaints against the companies' retirement plans. The DOL secured the same agreement for time in a separate forfeiture complaint, Hutchins v. HP Inc., scheduled to be heard by the U.S. 9th Circuit Court of Appeals May 20."  MORE >>

PLANSPONSOR; registration may be required

Tips for Plan Fiduciaries on Managing Cybersecurity Risk

"64% of attendees responded that participants' behavior was the greatest source of cybersecurity risk for their company, with lower values for internal processes and vendor relationships. However, only 21% of attendees said that cybersecurity responsibilities are clearly defined at their firm and only 10% said that they had a documented cyber response policy that is tested annually (45% said they were unsure if they even had one)."  MORE >>

American Retirement Association [ARA]

Why Account Aggregation Is the Missing Link for In-Plan Retirement Income (PDF)

21 pages. "Account aggregation is more than a convenient feature to help providers and employers grow assets under management; it's ... critical to guaranteed lifetime income. Without the ability to see the whole puzzle, income modeling solves for only a portion of assets or potential assets, leaving withdrawal sequences inefficient and yielding suboptimal solutions for the growing number of participants who should and will leverage lifetime income solutions to support their retirement years. "  MORE >>

The Institutional Retirement Income Council [IRIC] and Manifest

2024 Retirement Risk Survey

"Many retirees retire earlier than planned, often due to health or job factors. Social Security remains the primary retirement income source.... Pre-retirees face greater financial strain and exposure to shocks. Inflation is a major concern, especially for lower-income groups. Family financial support reduces retirement savings capacity. Caregiving responsibilities influence planning but are often underprepared for. Retirees generally manage financial shocks better than pre-retirees. Technology use is widespread, but AI adoption varies by age and income."  MORE >>

Society of Actuaries

U.S. Corporate Pension Plans Funding Status, April 2026

"The aggregate funded ratio for U.S. corporate pension plans is estimated to have increased by 4.0% points in April, ending the month at 108.0% ... This month's improvement in the funded ratio is primarily attributed to a 3.6 percentage point increase in asset value, further supported by a modest 0.3 percentage point reduction in liability value. The aggregate funded ratio is estimated to have increased by 3.7% and 10.4% year-to-date and over the trailing twelve months, respectively."  MORE >>

Wilshire Associates

The Impact of Schedule III on Cannabis 401(k)s: Reality Vs Expectation

"[M]any states continue to require employers, regardless of industry, to offer a retirement plan. Adult-use cannabis companies ... are legally required at the state level to provide a plan while still facing limited access to compliant 401(k) providers because of ongoing federal illegality.... The complexity increases further for companies operating both medical and adult-use divisions.... Provider compliance risk has not gone away."  MORE >>

Leading Retirement Solutions [LRS]

CalSavers Lowers Fees

"CalSavers, the largest state-facilitated automatic individual retirement account program for people who do not have access to a workplace retirement plan in the U.S., reduced employees' fees for program operations and underlying investments on May 1.... [T]he fixed account fee per participant was reduced to $3.50 per quarter ($14 annually) from $4.25 per quarter ($17 annually). The total annualized asset-based fee was reduced to a range between 0.225% and 0.39%, from between 0.325% to 0.49%."  MORE >>

PLANSPONSOR; registration may be required

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement GA-2026-03, for Taxpayers Impacted by Wildfires in Southeast Georgia

"[B]usinesses in parts of Southeast Georgia that were affected by wildfires and straight-line winds that began on April 18, 2026 ... now have until Aug. 20, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Clinch, Echols, and Brantley counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

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Regional Manager - Third Party Administrator

CBIZ, Inc

Remote / Saint Petersburg FL

View job as Regional Manager - Third Party Administrator for CBIZ, Inc

Selected New Discussions

State Taxes on Distribution Fees

"Wondering how other TPA's handle this -- distribution fees that are paid by the recordkeepers directly from participant accounts to the TPA are generally round numbers. For some states though, this is revenue that taxes must be paid for as a Sales Tax, and this is indeed detailed in the contract. We have always passed this on to the plan (ie line item lists distribution fee, and later line item after sales tax calculation lists round paid amount, netting just the tax due payable for that item). Just had a client complain about this, first time one ever noticed this."

BenefitsLink® Message Boards

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

Interactive Deep Dive on the Proposed DOL Rule

May 19, 2026 WEBINAR

Defined Contribution Institutional Investment Association [DCIIA]

Last Issue's Most Popular Items

Fourth Circuit Outlines Factors to be Used When Evaluating ERISA Status of a Bonus or Incentive Plan

Boutwell Fay LLP

SEC Publishes New Guidance on Pooled Employer Plans

Mayer Brown LLP

The SEC Cracks a Window for PEPs

American Retirement Association [ARA]

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

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