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July 6, 2026Retirement

The Daily Brief for Benefits Professionals

BenefitsWire

Retirement Plans

July 6, 2026

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15 items · ~5 min read

Top of the Brief

Improvements to Rules on Recoupment of Benefit Overpayments

PBGC is proposing to simplify its benefit overpayment recoupment rules for single-employer terminated plans by replacing the current variable methodology with a flat 5% reduction of a participant's monthly benefit and eliminating recoupment from surviving beneficiaries — changes that would reduce financial hardship on retirees and ease administration for PBGC-trusteed plans.

In this issue

Regulatory Action and Guidance (7)  ·  Retirement Plans (2)  ·  Litigation (1)  ·  General Benefits (3)  ·  Press Releases (1)  ·  Webinars (1)

Regulatory Action and Guidance

7 items
DOL to Boost Private Assets in 401(k)s, Revamp Exemption Program

“The DOL earlier this year published the details of its proposal aimed at making it easier to include nontraditional investments like private equity and cryptocurrency in workers' retirement plans. The comment period — which lasted 60 days and garnered more than 30,000 responses — ended June 1. A final rule is expected by the end of the year.” MORE >>

Source: Bloomberg Law

Improvements to Rules on Recoupment of Benefit Overpayments

Comment closes Sep 4

PBGC is proposing to simplify its benefit overpayment recoupment rules for single-employer terminated plans by replacing the current variable methodology with a flat 5% reduction of a participant's monthly benefit and eliminating recoupment from surviving beneficiaries — changes that would reduce financial hardship on retirees and ease administration for PBGC-trusteed plans. MORE >>

Source: Pension Benefit Guaranty Corporation

Developing DOL Says Trump Accounts Are Not Pension Plans | Segal

“In DOL Technical Release 2026-02, the DOL concluded that Trump Accounts, during the growth period, were not pension plans under ERISA because employer contributions would be made, in most cases, to dependents of employees and not to the employees themselves. In the few cases where a 16-year-old or 17-year-old might be an employee and thus the contribution would be to an employee's own Trump Account, the DOL determined that the Trump Account would still not be a pension plan if it satisfied the existing minimal employer involvement exception for IRAs. After the growth period, Trump Accounts become IRAs of the child and generally fall under the IRA exceptions to ERISA.” MORE >>

Source: Segal

Gift Tax Filing Relief for Trump Accounts

“Revenue Procedure 2026-25 resolves that uncertainty with a safe harbor: qualifying contributions are treated as gifts eligible for the annual gift tax exclusion. ... If all three conditions are met, each contribution is treated as a completed gift to the beneficiary rather than a future interest in property that would require a return. If any condition is not met (for example, if contributions to a single beneficiary exceed the annual exclusion), the donor must file gift tax returns for every Trump account beneficiary who received a contribution from the donor that year.” MORE >>

Source: Groom Law Group

Workers Ages 60 to 63 Can Make a 'Super' 401(k) Catch-Up of Up to $11,250 in 2026

“Workers turning 60, 61, 62, or 63 during 2026 can now set aside up to $11,250 in catch-up contributions to their 401(k) or similar retirement plan, according to IRS guidance. That figure is roughly 41 percent higher than the $8,000 standard catch-up limit available to all workers 50 and older. Combined with a new $24,500 elective deferral ceiling for 2026, eligible near-retirees can shelter as much as $35,750 in a single year, giving them a narrow but meaningful window to close savings gaps before required minimum distributions begin.” MORE >>

Source: The Financial Wire

Trump DOL Moves to Allow Crypto in 401(k)s

“The DOL's proposed rule change (published March 30) would establish a process-based safe harbor for fiduciaries selecting investment options—including alternative assets such as cryptocurrency, private equity, hedge funds, and annuities—for participant-directed defined contribution plans. The comment period closed June 1 with 47,103 responses, the overwhelming majority opposed. ... A final rule is expected in coming months. The Biden-era 2022 guidance directing 'extreme care' before adding crypto to 401(k) menus was rescinded by the Trump DOL in May 2025.” MORE >>

Source: Northwest Labor Press

[General Benefits]

Developing Gibson Dunn Comment Analysis: U.S. DOL's 401(k) Rule (Process-Based Safe Harbor for Fiduciaries)

“On March 30, 2026, the DOL proposed a new rule establishing a process-based safe harbor for fiduciaries selecting investment options for participant-directed defined contribution plans (91 Fed. Reg. 16088). The rule identifies six factors—performance, fees, liquidity, valuation, benchmarking, and complexity—and outlines examples of prudent and imprudent processes. The rule has the potential to significantly curb meritless class actions targeting 401(k) plans and is intended in part to implement Executive Order No. 14430, 'Democratizing Access to Alternative Assets for 401(k) Investors.'” MORE >>

Source: Gibson Dunn

Retirement Plans

2 items
Reframing Infrastructure Investing: A Fixed-Income–Like Approach for Public Pensions

“Usage-based essential infrastructure investing resembles fixed income in function: stable, contract-supported cash flows tied to essential services, but with additional asset-level controls and an illiquidity premium, which can improve long-term resilience for pension portfolios. ... Essential infrastructure demand is "sticky" because people must consume essential services such as water and electricity.” MORE >>

Source: NCPERS

[General Benefits]

Developing Pension Finance Update — June 2026

“Sustained higher interest rates since late 2022 have substantially diminished the impact of pension funding relief during 2023-2026. Underfunded plans are likely seeing higher required contributions for the next few years. Discount rates were close to flat again last month. We expect most pension sponsors will use effective discount rates in the 5.4%-5.8% range to measure pension liabilities right now.” MORE >>

Source: octoberthree.com

Litigation

1 item
Fiduciaries Prevail in Stable Value Challenge

“A federal judge has dismissed (for the second time) a suit alleging a fiduciary breach in the selection and retention of a stable value fund. ... Judge Greisbach concurred, noting that "the comparators cited by Plaintiff are not meaningful benchmarks for the Fidelity SVF," and the "apples/oranges comparison asserted in the FAC does not raise the inference needed to support a plausible claim that Defendants breached their fiduciary duty of prudence in selecting and maintaining the Fidelity SVF as part of the Plan.” MORE >>

Source: American Retirement Association

General Benefits

3 items
What Aspects of ERISA Fiduciary Duty Can Plan Sponsors Outsource?

“While a plan sponsor may delegate certain administrative and fiduciary functions, it cannot delegate away its fiduciary responsibilities—or fully eliminate potential liability—under the Employee Retirement Income Security Act. ... the act of delegation creates an additional fiduciary responsibility—not a release from one. Specifically, the plan sponsor retains a duty to prudently select plan service providers and monitor their performance on an ongoing basis. These obligations are themselves fiduciary functions and cannot be delegated away.” MORE >>

Source: PLANSPONSOR

What Does Fiduciary Review of Digital Assets Look Like?

“The DOL's proposed rule provides a "safe harbor" pursuant to which a plan's fiduciaries can comply with ERISA's fiduciary duty of prudence under Section 404(a)(1)(B) of ERISA when making alternative assets available under the plan. ... the DOL repeatedly noted that plan fiduciaries should engage appropriately qualified advisers to help them evaluate DIAs if they do not have the expertise to do so. Remarkably, however, the DOL's proposed rule did not speak to fiduciary review of direct or indirect investment in digital assets, by way of example or otherwise.” MORE >>

Source: PLANADVISER

[Retirement Plans]

Developing House Panel Debates 403(b) Reform, Trump Accounts, More

“Treasury is nearing final regulations for rollovers from Trump accounts into the retirement system, per conversations he has had with Treasury officials. ... ARA has asked Treasury to clarify tax basis tracking, and how Trump accounts containing pre- and post-tax funds can be rolled over. ... Under the law, Trump account funds must be invested entirely in passive equity index funds that have an expense ratio of 0.1% or less, and must be invested primarily in U.S. companies.” MORE >>

Source: American Retirement Association

Press Releases

1 item
DCIIA, 401(k) Annuity Hub Publish Series of Papers on Retirement Income

“The series will be available in the DCIIA Resource Library and on the 401(k) Annuity Hub website The Defined Contribution Institutional Investment Association (DCIIA) is publishing a series of four short “Snapshot” papers on the topic of retirement income.” MORE >>

Source: 401(k) Specialist

Webinars

1 item
Groom Webinar: Financial Wellness & Retirement Security on Women’s Retirement Security Day (July 14, 2026) | Groom Law Group

“In recognition of Women’s Retirement Security Day, a national day of action presented by the American Retirement Association, Groom invites you to a special webinar on Tuesday, July 14, from 1:00 p.” MORE >>

Source: Groom Law Group

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
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