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Retirement Plans Newsletter
May 18, 2026
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💼 New Job Opportunity Today
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[Guidance Overview]
DOL's Proposed Regulation on Fiduciary Duties in Selecting Designated Investment Alternatives
"In recent years, various stakeholders have expressed interest in expanding investment options in 401(k) plans to include alternative assets, such as private investments and digital assets. Proponents say that the benefits of incorporating these investments include the potential
for higher investment returns and increased portfolio diversification. Opponents note the risky and speculative nature of these investments, the high and sometimes opaque nature of private equity fees, and concerns about the liquidity of these investments." MORE >>
Congressional Research Service [CRS]
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[Guidance Overview]
Substantially Equal Periodic Payments (SEPPs)
"[O]ne exception to the 10% additional tax on early withdrawals from an IRA under IRC Section 72(t) is for a series of substantially equal periodic payments (SEPPs). However, the series of payments must meet several stringent requirements to qualify for this
exception." MORE >>
The Retirement Advantage
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2026 Fiduciary Litigation Trends
"[L]itigation continues to evolve ... Legal outcomes are still highly inconsistent ... [W]hile many claims continue to focus on outcomes, such as fees and investment performance, they increasingly test the processes, governance and oversight structures surrounding the
plan." MORE >>
WTW
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2027 IRS Limits Forecast Based on April 2026 CPI
"The CPI as reported by the BLS for the 12 months ended April 30, 2026, was 3.8%, up from 3.3% for the 12 months ended March 31, 2026, and higher than the 3.0% annual change in the CPI as of September 30, 2025 (i.e., the close of the prior FFY). It is also higher
than the 3.2% average annual change over the past 10 years ended September 30, 2025, and higher than the 2.5% average annual change over the past 20 years ended September 30, 2025." MORE >>
Milliman
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Overfunded Defined Benefit Plans: Issues, Causes, and Responses
"Practical options: [1] Keep the plan open and let time, future accruals, or compensation changes absorb some of the surplus. [2] Use a companion retirement plan ... [3] De-risk the investment portfolio ... Radical options: [1] Corporate‑level
transaction followed by a plan merger where an overfunded plan's surplus is effectively used to offset an underfunded plan's deficit ... [2] Section 420 transfers, where surplus from one overfunded DB plan can be used to pre‑fund retiree health or life‑insurance benefits, [3] Trading liquid assets for a mix of insurance protection and cash value[.]" MORE >>
Burypensions Blog
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Pension Risk Transfer Pricing Update, May 2026
"From April to May ... the duration 7 rate increased to 4.94%, while the duration 15 rate rose to 5.02%. Both rates are currently sitting at some of the highest levels observed since June 2025. Additionally, the past two months have produced some of the most meaningful
incremental increases seen in some time." MORE >>
October Three Consulting
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[Opinion]
Expanding Retirement Plan Investment Choice -- with the Right Guardrails
"The [DOL's] recently proposed framework ... [is] a potential inflection point -- not because private market
investments are suddenly appropriate for all retirement savers, but because clearer guardrails make it possible to think more constructively about how these options might be introduced responsibly. Key to that conversation is the role of the recordkeeping industry as a critical hub -- connecting employers, participants, and retirement plan advisors to the investment options available." MORE >>
American Retirement Association [ARA]
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[Opinion]
An Annuity in Your 401(k)? Sounds Good in Theory
"Few financial products evoke skepticism more than annuities; it’s why most target-dates that incorporate them prefer terms like lifetime income or guaranteed income. But the in-plan variety can sidestep some of the most common complaints about retail annuities: the
commission structures, the aggressive sales tactics, the limitless variations." MORE >>
Jason Kephart via Morningstar
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[Opinion]
How Will the Industry Handle the Explosion of New 401(k) Plans?
"The economic realities of declining plan fees for advisors and providers have forced most to search for new revenue through wealth services like IRA rollovers, managed accounts and outside assets ... [T]he economics of selling and servicing
a 401(k) plan to a small business owner are not compelling. Fees are relatively low, liability is high, and the work can be overwhelming for plan sponsors, advisors and providers. The package is the opportunity to engage with that small business owner whose main concern is not the value of a 401(k) plan to them or their employees." MORE >>
WealthManagement.com
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[Opinion]
The Tax Credit That (Almost) Works
"The newly introduced (and new and improved) RISE Act takes aim at some of the biggest practical problems with the
current startup credit. ... The RISE Act ... raises the minimum startup tax credit from $500 to $2,500. This is particularly important for the smallest employers ... [T]he RISE Act offers a new, innovative solution: transfer the startup tax credit to the retirement plan providers when they reduce the employer's out of pocket startup costs." MORE >>
American Retirement Association [ARA]
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[Opinion]
How Bad Will the News Be in the 2026 Social Security Trustees Report?
"[T]he Chief Actuary of Social Security estimated that passage of the [OBBA] would increase the 2025 long-range actuarial
deficit for the system to -3.98%. [The authors] expect the one-year Valuation Date Creep will once again be -.06% ... [and that] changes in assumptions and experience for 2025 [will] add another -10% to the deficit, about the same as in 2024.... This brings [the] estimate for the 2026 75-year long-range actuarial balance (deficit) to be -4.14%, or a funded status of about 76%." MORE >>
Ken Steiner, FSA Retired
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Benefits in General |
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[Guidance Overview]
DOL Signals Significant Shift in ERISA Enforcement Priorities: Key Takeaways from Fab 2026-01
"At its core, [FAB 2026-01] portends agency leadership's intended shift away from broad or
aggressive enforcement strategies toward a more disciplined and targeted approach.... EBSA emphasizes its continued commitment to protecting plan participants and beneficiaries, with a focus on where enforcement resources have the greatest impact." MORE >>
Morgan Lewis
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[Guidance Overview]
Employer Guide to the Aging Workforce: Key Compliance Considerations
"Make sure HR personnel and benefits administrators ... avoid steering employees toward Medicare in lieu of coverage under your employer-sponsored plan.... If you offer an HSA benefit, make sure that employee contributions stop once they are enrolled in Medicare, and look
out for any contributions made during a period of retroactive Medicare coverage.... While mandatory retirement age policies should generally be avoided, experienced counsel can help you navigate other potential options, such as voluntary phased retirement programs, as well as succession planning for owners or C-suite executives approaching retirement." MORE >>
Fisher Phillips
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Compliance Checklist: Employee Marriage (PDF)
"This checklist helps employers understand their obligations and opportunities when an employee notifies them of their new marriage. Questions often arise on possible election changes, beneficiary rights and organizational policies. This checklist captures common compliance
issues and offers helpful suggestions to avoid complications down the road." MORE >>
Gallagher
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Employee Benefits Jobs
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Selected New Discussions |
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2024 Non Elective Safe Harbor Not Deposited
"We have a pooled plan that we just found out the sponsor did not deposit the 2024 safe harbor contribution. I believe we have until 12/31/2026 to correct this error, but the sponsor must put in in lost earnings from 12/31/2025. I've calculated the year to date earnings on
the trust to be 0.88% which is lower than the DOL VFCP calculator. Can I use the actual rate or do we have to use the higher of the actual or the DOL calculator?"
BenefitsLink® Message Boards
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Press Releases |
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Aon’s New AI-Powered Health Network Analyzer Helps U.S. Employers Make Smarter Network Choices and Reduce Medical Spend
Aon plc
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Webinars, Podcasts and Conferences (Retirement Plans / Executive Compensation) |
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Government Plans under Code §§457(b), 403(b) & 401(a): Similarities & Differences
June 11, 2026 WEBINAR
ASC
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Last Issue's Most Popular Items |
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DOL ERISA Enforcement Memo Signals Shift in Priorities
Segal
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Trump Accounts and Stock Donations: What the Law Actually Says, and What Is Still Unsettled
Kohrman Jackson & Krantz LLP
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Forfeitures for Dummies: What They Are, How They Work, and What Can Go Wrong
Belfint Lyons Shuman
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Copyright 2026 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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