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Retirement Plans Newsletter

May 14, 2026

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💼  4 New Job Opportunities

 

[Guidance Overview]

Does a Merger Affect PBGC Special Financial Assistance?

"The PBGC has updated ... information regarding whether the fact that an employer is involved in a merger affects SFA payments, the recipient, and the merger.... After a merger has taken plan, there are restrictions and conditions that apply to the merged plan."  MORE >>

American Retirement Association [ARA]

[Sponsor]

Cycle 4 Restatements: Reduce Your Workload, Increase Your Control

ASC batch-generated documents with integrated batch e-sign provide real-time visibility into document status, helping you manage the process by knowing what’s sent, signed, and outstanding—without manual tracking or follow-up. See for yourself.

Sponsored by ASC

[Guidance Overview]

SEC Division of Investment Management Issues Statement Clarifying Treatment of Pooled Employer Plans Under Certain Federal Securities Laws

"The Statement removes uncertainty regarding PEP treatment under the '33 Act and '40 Act, providing confidence that a PEP may treat itself as a single employer plan for purposes of Section 3(c)(11) of the '40 Act. ... CIT sponsors may now issue interests to PEPs covering self-employed individuals without '33 Act registration ... Employers with self-employed individuals (such as partnerships and sole proprietorships with common-law employees) may now participate in PEPs without causing the plan to lose CIT access ... PEP Plan fiduciaries may now consider a broader array of CITs, often lower-cost alternatives to mutual funds, for PEP investment lineups, benefiting participants through reduced expenses."  MORE >>

Mayer Brown

[Guidance Overview]

Alternative Assets, Part 4: DOL Proposal and Relevant Factors for Investment Selection

"[A] fiduciary (including a fiduciary advisor) must, when selecting investments, decide on all of the considerations that are relevant to making an informed decision, gather the information about those considerations needed to make an informed decision, and then review and evaluate that information.... The discussions in the proposal package, and DOL speakers, repeatedly refer to the phrase 'objective, thorough and analytical' process (or 'OTA') for selecting investments. Clearly that is the DOL's expectation."  MORE >>

FredReish.com

Ford Faces Proposed Class Action Over Alleged Retirement Plan Mismanagement

"Ford Motor Co. violated [ERISA] by improperly using contributions to pay plan administrative expenses and excessive service-provider fees, plan participants allege in a proposed class action lawsuit. Although plan documents stipulate that these expenses would be paid by the company or from forfeited matching contributions, the plaintiffs allege that Ford instead paid them from the plan assets of participants." [Fuller v. Ford Motor Co., No. 26-11541 (E.D. Mich. complaint filed May 8, 2026)]  MORE >>

BenefitsPro; login may be required

Pitfalls to Avoid When Switching to a New Form of Preapproved Plan Document

"[1] Check your eligibility and vesting rules.... [2] Not all plans offer the same options from which to select or benefit options may be structured differently.... [3] If you are only comparing the boxes that are selected in the adoption agreements, you might end up with provisions that do not match how your plan actually operates due to different language in the underlying basic plan document."  MORE >>

Haynes Boone

The Growing Need for 3(38) Fiduciaries

"Interest in alternative assets, once largely confined to institutional portfolios and ultra-high-net-worth investors, is starting to trickle into the defined contribution world. Plan lineups now include a mix of mutual funds, collective investment trusts and separate accounts, each with their own share classes, pricing models and provider structures. At the same time, financial advisers are looking for new ways to deliver value in a fee-conscious market."  MORE >>

PLANADVISER

Taking RMDs in Stock Can Work to Clients' Advantage

"While cash RMDs offer additional planning options -- a tax-efficient qualified charitable distribution, or as part of an overall rebalancing process -- there are several reasons why a client might consider taking some or all of the RMD for the year in-kind. These include: [1] Down market; [2] Lack of cash in the retirement account; [3] Affinity for a particular holding; [4] Not needing the cash."  MORE >>

ThinkAdvisor

New Bill Would Permit Deductible Charitable Donations from 401(k)s

"Under current law, retirement savers can exclude up to $111,000 (for 2026) per year in QCDs from gross income. ... The catch, however, is that QCDs must come directly from an IRA. Charitable distributions from employer-sponsored plans — such as 401(k), 403(b), and 457(b) plans — are not eligible for QCD treatment.... [T]he Charity Parity Act would expand on SECURE 2.0 by allowing direct QCDs from employer-sponsored retirement plans, ensuring equitable treatment of retirement savers."  MORE >>

Plan Sponsor Council of America [PSCA]

[Opinion]

'Who's Asking for This?' Jerry Schlichter on Private Investments in 401(k)s

"Many 401(k) plans need the opposite (liquidity), [Mr. Schlichter] argued, in case of a layoff, bankruptcy, medical emergency, and educational needs for children, calling private markets' structure an 'inherent contradiction' when compared with the average individual.... He rhetorically asked who's pushing for private market investments in 401(k) plans -- not AARP, the Pension Rights Center, or unions, 'it's private equity managers that want to tap into $6 trillion in 401(k)plans. There are no advocates for ordinary investors who are advocating for it.' "  MORE >>

American Retirement Association [ARA]

Benefits in General

Sooner State to Provide Trump Account Contributions to Oklahoma Kids

"The Oklahoma Dream Accounts Investment Program Act authorizes the State Treasurer to make a one-time $250 contribution into a Trump account of each eligible Oklahoma child, once a family applies and the account is verified."  MORE >>

Ascensus

Employee Benefits Jobs

💼

Plan Document Specialist

MAP Retirement

Remote

View job as Plan Document Specialist for MAP Retirement

💼

Health Insurance Specialist

Centers for Medicare & Medicaid Services [CMS]

Seattle WA / Dallas TX / Atlanta GA / Philadelphia PA / Woodlawn MD / Hybrid

View job as Health Insurance Specialist for Centers for Medicare & Medicaid Services [CMS]

💼

Benefits Advisor

Employee Benefits Security Administration [EBSA]

CA / FL / GA / KY / MA / MD / MO / NY / PA / TX / WA / Hybrid

View job as Benefits Advisor for Employee Benefits Security Administration [EBSA]

💼

DB Plan Administration - Benefits Specialist

Gabriel, Roeder, Smith & Company

Fort Lauderdale FL

View job as DB Plan Administration - Benefits Specialist for Gabriel, Roeder, Smith & Company

Selected New Discussions

Can Deceased Participant's Loan Be Repaid by Spousal Beneficiary?

"A participant died with an outstanding loan. Her husband is her bene and he also works for the same company. He wants to repay the loan so it does not become taxable. The recordkeeper is telling him he cannot repay it. I am not sure what is the basis for the recordkeeper not allowing this. Should the bene be able to repay the loan? What would legally prevent him from doing so?"

BenefitsLink® Message Boards

Missed MRC 3 years and did not file the 5500 as well

"A DB Plan (with employees) did not make the MRC for 3 years and did not file the 5500 as well for these years.

  1. Can they/should they first file the 5500 SFs with the DFVCP, even before they have made up the MRC (plus interest) for these 3 years?
  2. If they file the 5500, will this be a flag and alert about the missed MRC and therefore should not file the 5500s until they have the money to make up the MRC?
  3. Should the 5330 be filed before the 5550?
  4. If the 5500 can be filed first showing the missed MRC for each year, how much time do they then have to file the 5330?
  5. How much time do they have, after filing the 5500 with the DFVCP, to make up the missed MRC for the 3 years? Meaning can they first file all the 5500s (with the SB each year showing the delinquent contributions), to at least get the 5500s back on track, and then deal with making up the missed MRC and with filing the 5330?"

BenefitsLink® Message Boards

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

Financial Wellness and What Really Works

PODCAST

Williams Mullen

PEPs in Practice: Duties, Dollars and the Fiduciary Decisions That Matter

May 20, 2026 WEBINAR

Invesco

Alternative Investments and Beyond: The DOL Safe Harbor for 401(k) Fiduciaries

June 10, 2026 WEBINAR

Worldwide Employee Benefits Network [WEB]

Last Issue's Most Popular Items

'Self Correctors' Beware: Expanded DOL Correction Program

Kutak Rock LLP

Lawmakers Move to Ease Form 5500 Filing Burdens

FiduciaryAdvisors LLC

Text of PBGC FAQs: SFA Plan Mergers

Pension Benefit Guaranty Corporation [PBGC]

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

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