Retirement Plans Newsletter

June 26, 2026

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[Guidance Overview]

DOL Clarifies Scope of ERISA Application to Trump Accounts, Related Employer-Facilitated Contribution Programs (PDF)

"With this clarity provided by the DOL, employers that stay within the guardrails described in the [Technical Release 2026-02] may offer TACPs and TA-related payroll deductions without triggering the full range of ERISA Title I obligations. Employers that facilitate post-growth-period payroll deductions should be especially mindful of the endorsement prong of the IRA safe harbor."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Retirement Plan Amendment Deadline Looming

"Plan sponsors should review and inventory the changes implemented for their retirement plans over the last six years as a result of the CARES Act, SECURE Act, and SECURE 2.0 Act. Each change will need to be accurately reflected in an applicable plan amendment.... Plan sponsors with pre-approved plans should work with their pre-approved plan provider to ensure that their amendments are drafted with sufficient time to enable review and adoption before December 31, 2026."  MORE >>

Vorys

[Guidance Overview]

Retirement Plan Amendments Due by December 31, 2026

"Common amendment areas include: [1] Coronavirus-related distributions and loan provisions; [2] Waiver or treatment of 2020 RMDs; [3] Increased RMD age (now up to 73, with future increases); [4] Long-term part-time employee eligibility rules; [5] Automatic enrollment and escalation features; [6] Updated required distribution timing rules; [7] Cash-out thresholds for small balances; [8] Roth catch-up provisions."  MORE >>

Jackson Lewis P.C.

Administration Asks Congress to Restore Pensions for Salaried Delphi Retirees

"[O]ne line item, for the [PBGC] ... asked Congress for $1 billion, 'to increase the benefit levels for participants of certain pension plans that were sponsored by Delphi Corporation and terminated as a result of General Motors' bankruptcy.' And just like that, new life was given to the long-simmering question of whether up to 20,000 nonunion retirees who say they saw their benefits cut, some by as much as 30%-70% initially after the Obama administration ran GM through a structured bankruptcy to prevent its financial ruin, might be made whole at last."  MORE >>

USA TODAY

401(k) and Pension Plan Obligations in Bankruptcy: Key Considerations for Bankruptcy Trustees

"When a plan sponsor commences a chapter 7 bankruptcy case, the trustee of the bankruptcy estate is responsible for terminating and winding down all retirement plans. The termination of a 401(k) or other retirement plan in bankruptcy requires careful coordination across multiple regulatory regimes."  MORE >>

Davis & Gilbert LLP

The Actuary's Role in Public Pension ALM Studies (PDF)

"[To] be effective any [Asset Liability Management (ALM)] study requires careful consideration of both system assets and liabilities and ... how to integrate these elements appropriately to examine key areas of interest.... Actuaries are critical to understanding how economic assumptions influence plan liabilities and tradeoffs involving plan funding. If an actuarial perspective is not present in the key policy discussions, the decision-makers may miss important information[.]"  MORE >>

American Academy of Actuaries

Staying the Course Drives Long-Term Retirement Portfolio Growth

"[P]articipants enrolled in retirement plans for a minimum of five years saw balances grow by 2.1 times compared to figures in 2020.... The average participation rate for plans utilizing auto features was 86%, compared to 36% for plans who go without such benefits. Further, plans with auto-enrollment default rates of 7% or more had the highest participation rates at 90%, as well as leading savings rates at 9.6%."  MORE >>

401(k) Specialist

Common Misconceptions About Retirement Planning

"[1] Social Security won't be there for me.... [2] I don't need a long-term care plan because I'll stay in my home.... [3] Medicaid will cover my long-term care costs.... [4] Now that I'm retired, long-term investment returns no longer apply to me.... [5] I shouldn't spend from principal.... [6] My income taxes will be lower in retirement.... [7] I need to hit a specific number, like $1 million, to retire."  MORE >>

Center for Retirement Research [CRR] at Boston College

[Opinion]

DB vs. DC Plans: What Works in Retirement Finance

"[B]ecause, practically, unexpected inflation risk is always on the participant, the most robust solution to these challenges is to leave this bundle of risks with the participant. Doing so allows the participant to exploit key correlations to actually reduce volatility in his long-term project of producing adequate income in retirement.... [T]hat sounds counterintuitive, especially for sponsors that live in an all account-based (401(k)/DC or market cash balance) world. Why that is the case is what the rest of this article is about."  MORE >>

October Three Consulting

Benefits in General

[Guidance Overview]

Employer Trump Account Programs: DOL Says ERISA (Almost Never) Applies

"[The authors] expect that most employers who are interested in establishing Trump account contribution programs intend to do so through a pre-tax salary-reduction feature under a cafeteria plan and/or by providing what has been referred to as a 'match' of the $1,000 seed money provided to the Trump accounts of eligible children born between 2025 -- 2028, which is an employer contribution. For the most part, [in Technical Release 2026-02] DOL has clarified its view that ERISA does not apply to these arrangements."  MORE >>

Thompson Hine

Executive Compensation and Nonqualified Plans

Retirement Planning Questions Related to Stock Options, Restricted Stock/RSUs, or ESPP Participation

"Retirement savings can be significantly boosted by equity compensation. When factoring stock options, restricted stock/RSUs, or ESPPs into your retirement planning, you should know the answers to the following questions that apply to you."  MORE >>

myStockOptions.com

Employee Benefits Jobs

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Client Service Specialist

EPIC RPS

Remote / Norwich NY

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Selected New Discussions

Distribution Code for Excess Deferrals Due to 402(g) Limit in Current Year

"A participant deferred too much in 2026 and exceeded the 402(g) limit. We calculated the earnings on the excess and will distribute the excess plus/minus earnings. Which code should be used for this distribution? Should it be code 8? How will this affect their taxes for 2026? Since the participant will be limited by the 402(g) limit on the tax return, would he be double taxed if he also reports the excess distribution (using code 8)?"

BenefitsLink® Message Boards

Changing Eligibility... and Then Again

"A client is looking to hire a top tier employee. The prospect has a counter offer. Plan eligibility is a problem. The competitor has immediate entry while my client has a 1 year service requirement. I was asked, can we change the eligibility to get this one new hire into the plan immediately and then change it back? And if technically it is ok do we have to wait a certain amount of time before we tweak the eligibility requirement again? I totally understand, if anyone else is hired during that time gets to enter based on the existing plan design. Is this playing games with eligibility frowned upon?"

BenefitsLink® Message Boards

Participating Employer Withdraws from the PEP

"A participating employer has chosen withdraw from participation of the PEP and terminate their plan. The employees with cease contribution and their assets will be moved to their own SEP plan. The SEP plan will be terminating immediately. Question: How is final testing completed? From the PEP or from the SEP? Short Plan year?"

BenefitsLink® Message Boards

Press Releases

Surety One, Inc. Launches ERISAblog.com Opening Three Decades of Knowledge to Plan Sponsors, Advisors and Fiduciaries

Surety One

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

Plan Sponsor Insights: Retirement Income, Part 2

September 16, 2026 WEBINAR

Defined Contribution Institutional Investment Association [DCIIA]

Last Issue's Most Popular Items

Long-Term Care Distributions from Defined Contribution Plans

Groom Law Group

AI-Generated SPDs: Convenience Meets Compliance Risk

Haynes Boone

Third Circuit Rules in Favor of Fiduciaries and Adherence to Good Process

Groom Law Group

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

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