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Retirement Plans Newsletter

May 20, 2026

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💼  4 New Job Opportunities

 

[Guidance Overview]

Meeting the DOL's New Investment Selection Rule with Index Funds

"[If] your plan offers a menu of well-constructed passive index mutual funds ... the six-factor analysis is much more straightforward than it appears. The rule's framework was written to accommodate complex products, but a straightforward passive index lineup answers most of the questions by structural feature rather than by ongoing analytical work. This post walks through why that's the case, and what the documentation looks like in practice."  MORE >>

Employee Fiduciary

[Guidance Overview]

DOL Expands Options for SECURE 2.0 Paper Statement Compliance

"The FAB doesn't specifically allow plan administrators to continue relying on DOL's existing alternative 2020 e-delivery safe-harbor regulation. Under that safe harbor, retirement plan administrators can furnish e-disclosures through email or a 'notice-and-access' framework that alerts participants when documents are posted to a website or other digital platform. Plan administrators wanting to rely on that safe harbor apparently would have to reflect DOL's proposed changes[.]"  MORE >>

Mercer

Eighth Circuit Rules That Wells Fargo 401(k) Plan Participant Has No Standing to Assert Forfeiture Challenge

"The court emphasized that to have standing Matula 'must plead a 'particularized injury that affects [him] in a personal and individual way' and that is traceable to the violating act or acts allegedly taken by Wells Fargo.' However, Matula 'candidly acknowledged that the complaint does not allege any actual injury to Matula's Plan account stemming from Wells Fargo's use of forfeited funds.' Instead, Matula emphasized 'plan-level' harms. This concession doomed his appeal." [Matula v. Wells Fargo & Co., No. 25-2441 (8th Cir. May 12, 2026)]  MORE >>

Kantor & Kantor

Eighth Circuit Affirms Dismissal of Plan Forfeitures Claim for Lack of Standing

"While the result is favorable for plan sponsors, potential plaintiffs may attempt to cure the standing deficiency by alleging a particularized individual injury in future complaints.... In the meantime, plan sponsors should continue to review their plan documents to confirm that the plan authorizes the use of forfeitures for employer contributions, ensure that any ordering rules or administrative procedures set forth in the plan document are followed, and consider whether plan-level expenses could give rise to potential individualized harm arguments." [Matula v. Wells Fargo & Co., No. 25-2441 (8th Cir. May 12, 2026)]  MORE >>

Haynes Boone

Half of Retirees Say Retirement Costs More Than Expected

"On average, retirees report spending 16% of their total monthly income on healthcare costs, including insurance premiums, prescription costs, and out-of-pocket expenses, and the majority (58%) say that they expected Medicare to cover a greater share of their healthcare costs. Notably, 64% of retirees wish they had done more planning prior to retirement, and just 32% currently work with a financial advisor."  MORE >>

401(k) Specialist

Trust in Financial Institutions Boosts Retirement Account Sales

"People who trusted financial institutions more had higher levels of wealth. People who trusted Social Security and Medicare more were less likely to have retirement accounts. Levels of trust in financial institutions were only loosely correlated with levels of financial literacy."  MORE >>

ThinkAdvisor

Benefits in General

[Guidance Overview]

Civil Monetary Penalties Won't Increase for 2026

"A recent memo from the US Office of Management and Budget (OMB) directs federal agencies not to increase inflation-adjusted civil monetary penalties for employee benefit plans for 2026.... [D]ue to the 43-day government shutdown that began October 1, 2025, the Bureau of Labor Statistics never released CPI-U figures for October 2025, leaving the agencies without a multiplier to apply to their 2025 penalties."  MORE >>

Mercer

Retirees Are Worried About the Cost of Healthcare – and Who Can Blame Them?

"[T]he median percentage remaining in 2022 after medical OOP spending was 71 percent for Social Security benefits and 88 percent for total income. ... In other words, OOP takes a big chuck of retirees’ resources, and the 10-percent increase in Medicare Part B premium [in 2026] suggests no relief on the horizon."  MORE >>

Alicia H. Munnell, Center for Retirement Research [CRR] at Boston College

Employee Benefits Jobs

💼

AI Retirement Plan Administrator

Well-Funded Retirement-Focused AI Startup

Remote / Cambridge MA / NY / Hybrid

View job as AI Retirement Plan Administrator for Well-Funded Retirement-Focused AI Startup

💼

Health Insurance Specialist (Congressional Affairs)

Centers for Medicare & Medicaid Services [CMS]

DC / Hybrid

View job as Health Insurance Specialist (Congressional Affairs) for Centers for Medicare & Medicaid Services [CMS]

💼

Benefits Specialist

Air Line Pilots Association

Chicago IL

View job as Benefits Specialist for Air Line Pilots Association

💼

Manager, Retirement Compliance Administration

Alerus

Remote / AZ / MN / ND

View job as Manager, Retirement Compliance Administration for Alerus

Press Releases

The Plan Sponsor University Announces Launch of 'TPSU for Health Plan Fiduciaries' Program

The Plan Sponsor University [TPSU]

NCPERS Honors Pension Funds, Service Providers for Fiduciary Education Excellence

National Conference on Public Employee Retirement Systems [NCPERS]

William P. Lewis Joins Epstein Becker Green in Pittsburgh, Strengthening Labor and ERISA Capabilities

Epstein Becker Green

The Wagner Law Group Welcomes Jason Lindquist as Chief Financial Officer

The Wagner Law Group P.C.

Last Issue's Most Popular Items

How to Self-Correct the Top 20 Most Common Plan Operational Errors

Belfint Lyons Shuman

Benefits in M&A Deals: What Buyers Should Do with a Target’s 401(k) Plan

Cohen & Buckmann, P.C.

AI Enters ERISA’s Document-Heavy World, Promising Benefits and Revealing Risks

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

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