The Silence of the Minutes
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Insight: Studies, Research, Analysis, or Papers
403b Plans Court and Legal
Legislative or Washington DC Compliance and Regulatory
Marketplace News Article Summaries Fiduciary and Plan Governance The strength of a fiduciary process is best reflected in detailed meeting minutes, not just the investment lineup. Minimalist records like "Reviewed funds. No changes." create legal risk because, under ERISA, undocumented actions are treated as if they never happened. Plaintiffs' attorneys will exploit such gaps. Source: Jdsupra.com 401k Investing: ESG, Crypto and Fiduciary Risks The increasingly politicized environment has made 401k investment guidance unpredictable, with regulations shifting whenever a new administration takes office. This constant change creates uncertainty and imposes costly administrative burdens on plan sponsors and fiduciaries striving to remain compliant. So, what's the best path forward? This article explores practical strategies for plan sponsors to navigate these challenges. Source: Phillipslytle.com When the Loan Defaults Come Home: A Fiduciary Wake-Up Call Securian Financial is partnering with Custodia Financial to expand the Retirement Loan Protection (RLP) program within more in-plan offerings. This move addresses a long-standing issue where participants take 401k loans and risk severe financial setbacks if they cannot repay, signaling growing industry recognition of this problem. The article recaps the issue and explains why it matters. Source: Jdsupra.com Fiduciary Gamechanger: The Cornell 403b Decision and What It Means for You The Supreme Court's unanimous decision in Cunningham v. Cornell University marks a significant shift for retirement plan sponsors and fiduciaries. The case involved allegations that Cornell's 403b plans paid excessive fees and engaged in prohibited transactions under ERISA by contracting with service providers considered "parties-in-interest." The ruling means more lawsuits will survive early dismissal, leading to costly discovery and litigation. As a consequence, plan sponsors must be more diligent in compliance and documentation. Source: Jdsupra.com Lack of Consequences for Small Employers With Poor 401k Plans Small employer 401k plans often fall into a regulatory gap. While mistakes in payroll taxes or workplace safety trigger immediate enforcement, poorly designed 401k plans -- with high fees, limited investment options, and little education -- can persist for years without consequences. For many small businesses, offering a 401k is treated as a checkbox, and the plan's quality is rarely scrutinized unless a major issue or lawsuit arises. Source: Fiduciarynews.com »» Click here for more Fiduciary and Plan Governance Material Insight: Studies, Research, Analysis, or Papers Benefits: 2025 Highlights and 2026 Outlook Employers across the United States experienced significant legislative, regulatory, and judicial changes in the benefits landscape throughout 2025, developments that will shape plan sponsor and fiduciary strategies in 2026. This year brought notable advancements in employee benefits, and this article highlights the key trends from 2025 while offering a forward-looking perspective for the year ahead. Source: Mayerbrown.com Lifetime Income Products: Key Takeaways From the Department of Labor's Advisory Opinion The DOL's Advisory Opinion 2025-04A clarifies that managed account solutions incorporating lifetime income products can qualify as Qualified Default Investment Alternatives under ERISA, provided they meet transferability and other regulatory requirements. Specifically, such solutions remain eligible even when offered through a variable annuity contract with a guaranteed lifetime withdrawal benefit. Source: Mayerbrown.com »» Click here for More Studies, Research, and White Papers 403b Plans 403b Plans Continue Rapid Modernization: Survey PSCA's 2024 survey of 303 nonprofits shows significant modernization in 403b plans, with sharp increases in employee participation, Roth options, and automated features like auto-enrollment and escalation. SECURE Acts 1.0 and 2.0 accelerated these changes, making 403b plans resemble 401ks and driving record savings rates. Article contains survey details. Source: Psca.org »» Click here for More 403b Material Court and Legal The DOL and DOJ Take Steps to Support ERISA Fiduciary Defendants at the Supreme Court On December 9, 2025, the Solicitor General submitted briefs to the Supreme Court regarding two significant ERISA class action cases: Pizarro v. The Home Depot, Inc., and Parker-Hannifin Corp. v. Johnson. These cases address differing lower court opinions on the burden of proof for plaintiffs claiming breaches of ERISA's fiduciary duties. The SG urged the Court to adopt more favorable legal standards for ERISA plan fiduciaries, which would increase the chances of the Court hearing the cases. This move reflects the DOL's growing willingness to address and reduce abusive ERISA litigation that raises plan administration costs for sponsors. Source: Groom.com Plaintiffs Drop Appeal of Home Depot ERISA Case Plaintiffs dropped their appeal of a ruling that The Home Depot did not breach fiduciary duties regarding retirement plan forfeitures. U.S. District Judge Tiffany R. Johnson dismissed the case (Guadalupe Cano v. The Home Depot Inc.) with prejudice, preventing the plaintiffs from refiling or amending the complaint. Source: Planadviser.com 401k Forfeiture Case Against Northrup Grumman Dismissed Northrop Grumman won dismissal of a lawsuit claiming it misused forfeited retirement plan funds to reduce employer contributions. In Garner et al. v. Northrop Grumman Corp. et al., U.S. Senior District Judge Anthony Trenga of the Eastern District of Virginia ruled that the plan documents allowed the company to apply forfeiture funds at its discretion. Source: Planadviser.com »» Click here for more Court and Other Legal Issues Legislative or Washington DC Lawmakers Reintroduce Bill to Permit Roth IRA Rollovers Lawmakers have reintroduced the bipartisan Retirement Rollover Flexibility Act (H.R. 6450 and S. 3352), which would allow workers to roll over Roth IRA savings into workplace-based Roth plans such as Roth 401k, 403b, or 457b. Currently, this type of rollover is prohibited. The bill aims to simplify retirement savings by enabling account consolidation and reducing the risk of early withdrawals. Source: Napa-net.org »» Click here for more on Legislative and Washington Actions Compliance and Regulatory The DOL Audit: How Plan Sponsors Prepare and What to Expect DOL audits are rarely welcomed by retirement and benefit plan sponsors. However, these audits serve an important purpose: ensuring that plans such as 401ks, 403bs, and pension programs are properly administered and comply with ERISA and tax regulations. Under ERISA, the DOL enforces strict fiduciary and reporting standards. This guide explores how sponsors can effectively prepare for an audit. Source: Planpilot.com Roth Catch-Up Mandate Compliance and Deemed Election Examples Starting January 1, 2026, High Earners (also referred to as Highly Paid Individuals) who are eligible for catch-up contributions must do so on a Roth basis. Before discussing the administration of this new requirement, it's important to clarify the compensation thresholds that define a High Earner and what constitutes a catch-up contribution. Source: Belfint.com Locating Missing Participants: Pro Tips Missing or unresponsive retirement plan participants create significant challenges for plan sponsors. Based on experience as IRA administrators, 401k sponsors, and search service providers, the article emphasizes that most issues can be resolved through a structured approach combining diligence, technology, documentation, and preventive measures. It introduces practical, field-tested tips for locating missing participants and maintaining accurate participant data. Source: Asppa-net.org How Did the IRS Change the Required Amendments List for 2025? The IRS has released the 2025 Required Amendments List in Notice 2025-60. It applies to individually designed plans under IRC Sections 401(a) and 403(b), as well as pre-approved plans for interim amendments. Compared to the 2024 RA List, the 2025 changes are generally less extensive. Source: Asppa-net.org »» Click here for more Compliance and Regulatory Material Marketplace News ADP Launches PEP with Embedded Payroll, Recordkeeping Integration 401GO Raises $33 Million in Series B Funding Vestwell to Acquire Accrue 401k
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