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Retirement Plans Newsletter
June 4, 2026
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💼 4 New Job Opportunities
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[Official Guidance]
Text of IRS Notice of Public Hearing on Proposed Regs for Trump Accounts
"his document provides a notice of public hearing on the ... proposed regulations [for] making an election to open a
Trump account ... The hearing is scheduled to be held on July 16, 2026, at 10:00 a.m. Eastern Time (ET). The IRS must receive speakers' outlines of the topics to be discussed by [10 days after publication in the Federal Register, which is currently scheduled for June 5, 2026]." MORE >>
Internal Revenue Service [IRS]
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[Sponsor]
SECURE 2.0 Amendments: Control the Crunch
Tight amendment deadlines shouldn't cost your operational sanity. The ASC Interim Amendment Wizard handles the complexity of SECURE 2.0 and reduces your workload by automating amendments in batch. Keep work planned, not rushed. See for yourself.
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[Guidance Overview]
DOL Alternative Assets Proposal, Part 7: More on the Performance Factor
"The DOL's proposed regulation on selecting investments, including alternative assets, identifies six factors that need to
be considered in the process of selecting any investments for participant-directed plans ... Many of the examples in the proposal (including this one) include, as relevant considerations, the use of non-discretionary 3(21) advisors and/or discretionary 3(38) investment managers. In totality, that suggests that the DOL views the use of qualified advisors as indicative of a prudent process. That is consistent with the holdings of some
courts." MORE >>
FredReish.com
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[Guidance Overview]
Unlocking Alternative Assets for 401(k) Plans: The DOL's Proposed Safe Harbor and What It Means
"For asset and fund managers, the Proposed Rule lays out the framework under which such persons can create new, more
diversified investment products with asset categories not traditionally found in participant-directed 401(k) plans and introduce these alternative investment products within a zone of safety from certain fiduciary challenges under ERISA section 404....For plan sponsors and fiduciaries [the] proposed safe harbor rewards documented process, not investment outcomes." MORE >>
Stinson
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[Guidance Overview]
Reading the Tea Leaves, Part 2: Practical Risks in the DOL's Proposed Fiduciary Rule
"While the proposal introduces a more defined framework for evaluating prudence, it does not lower the fiduciary standard. In
several respects, it may raise expectations by making the elements of a prudent process more explicit.... [1] A higher bar for documented process ... [2] A false sense of security around the safe harbor ... [3] Increased complexity in investment decisions ... [4] Misalignment between selection and monitoring ... [5] Litigation will likely evolve, not disappear" MORE >>
American Retirement Association [ARA]
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[Guidance Overview]
Required Retirement Plan Amendments and Pre-Approved Plan Restatements: Action Required by December 31
"Two critical deadlines are converging. Calendar year plans must adopt amendments reflecting the SECURE Act, CARES Act, and SECURE 2.0 by December 31, 2026... and must complete pre-approved plan
restatements within the current IRS cycle (anticipated to be July 2026-2028). Missing either deadline can jeopardize the tax-qualified status of the plan -- triggering immediate taxation of all plan assets to participants." MORE >>
Husch Blackwell
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Supreme Court Expands Flexibility for Multiemployer Plans in Setting Withdrawal Liability Assumptions
"Future disputes will weigh the consistency of application of valuation metrics, justifications for changing discount rates, the facts and circumstances surrounding rate changes, and other factors.... Discount rate applications may dramatically affect withdrawal liability
payments and may change after the effective date of withdrawal." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
Troutman Pepper Locke
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Supreme Court Clarifies Timing of Actuarial Assumptions in ERISA Withdrawal Liability Calculations
"On its face, M & K is narrow in scope. It resolves a simple timing issue about when a rate may be changed. It does not directly answer the bigger question that is on every withdrawal liability practitioner's mind: To what extent may an actuary use a lower discount rate
for withdrawal liability purposes (e.g., 6.5%) than for minimum funding purposes (e.g., 7.5%)? In practice, that bigger question about when actuaries may use different rates for different purposes arises far more frequently and will likely need to be resolved by the Supreme Court at some point soon." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
Tucker Arensberg, P.C.
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Supreme Court Decision May Increase Withdrawal Liability Assessments
"The appellate court reasoned that the 'best estimate' standard permits the actuary to set assumptions after the valuation date as long as they are 'based on the body of knowledge available up to the valuation date.' The Supreme Court unanimously affirmed, holding
that, in context, 'as of' is 'understood to 'assign an event to one time and the recognition of it to another.'' Thus, the facts must exist on the valuation date, but the valuation may be performed after that date. And an assumption is not a fact but a valuation tool, adopted when the need for a valuation arises." [M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209 (S. Ct. May 21, 2026)] MORE >>
The Wagner Law Group
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Navigating Plan Provider Changes
"[It] typically takes between 90 and 120 days from the minute a plan sponsor says, 'I'm ready to make a change' to when that sponsor's plan goes live with the new provider.... Having accurate data and payroll systems set up correctly are among the steps a
sponsor can take to help minimize transition time" MORE >>
PLANSPONSOR; registration may be required
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PBGC to Begin Considering Applications for Special Financial Assistance for Terminated Multiemployer Pension Funds (PDF)
"FACT actuaries were contacted by staff at PBGC and ... were told that we may proceed in completing applications on behalf of these terminated multiemployer plans to pursue SFA, and that PBGC would agree to pay expenses incurred by professionals on behalf of affected,
insolvent funds applying for this SFA.... PBGC conceded ... that they will accept, into 2027, additional data that they may request to incorporate into a successful application.... The PBGC stated that they will not consider applications from outside the 2nd Circuit at this time." MORE >>
First Actuarial Consulting Inc. [FACT]
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U.S. Corporate Pension Plans Funding Status, May 2026
"The aggregate funded ratio for U.S. corporate pension plans is estimated to have increased by 1.7% points in May, ending the month at 108.9% ... The aggregate funded ratio is estimated to have increased by 5.4% and 9.0% year-to-date and over the trailing twelve months,
respectively." MORE >>
Wilshire Associates
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Public Pension Funding Index, May 2026
"The PPFI funded ratio stood at 87.6% as of April 30, in stark contrast to the 83.7% observed as of March 31 and closer to the 87.0% mark seen as of February 28, illustrating recent market volatility." MORE >>
Milliman
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Employee Benefits Jobs
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Selected New Discussions |
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Loan Repayment
"If an employee is repaying a 401(k) loan and they don't have a paycheck for that payroll period what do you do? This is for an employee who doesn't receive regular paychecks."
BenefitsLink® Message Boards
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Plan Sponsor Decides to Rollover the Assets with No Paperwork
"One lifer DBP, slightly overfunded. Decides to rollover all the assets into an IRA with no paperwork for termination and distribution election form. Not married. Slightly overfunded as well. How can this be corrected, assuming the plan sponsor wants our help? It is over 2.5M in
assets, may be 50k or so overfunded which should have been rolled over into the existing DC plan under QRP rules."
BenefitsLink® Message Boards
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Boilerplate Non-Specific Language Used for Beneficiary Designation
"Before Vanguard exited its 'Individual 401(k)' business, Vanguard sent a customer a 'beneficiary verification' that included this information: Beneficiary To the person I am married to at the time of my death; Backup Beneficiary Benjamin Brother 50% / Roberta
Relativebyaffinity 50%. "Here's what I don't know: Could the lingo 'To the person I am married to at the time of my death' have resulted from Vanguard recording exactly what the participant typed in the website? Or had a participant tried to type in that
phrase, would Vanguard's system have rejected the entry because it was too many characters or because it seemed not to be a name? Did Vanguard set up that lingo as a programmed choice a user could click on? Did Vanguard set up that lingo as a plug-in for a situation in which the participant declined to name a beneficiary and Vanguard's records about a participant showed the participant as having a spouse? In the circumstances I'm
advising about, whether 'To the person I am married to at the time of my death' resulted from the participant's considered writing (which might be plausible because the participant had filed a divorce petition, and was lawyer-advised), or partly or wholly because of something Vanguard set up might matter in how the retirement plan's administrator interprets the participant's 'backup' or contingent beneficiary
designation."
BenefitsLink® Message Boards
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Last Issue's Most Popular Items |
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Principles for Retirement Income (PDF)
Vanguard
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IRS Issues 2026 Cumulative List of Changes for Preapproved DB Plans
Mercer
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Prohibited Transaction Claims After Cunningham v. Cornell: Have District Courts Responded to the Supreme Court's Suggestions?
Mayer Brown
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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