The Weekly Highlights for Benefits Professionals
BenefitsWire
Retirement Plans
Week of October 2, 2026
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12 items · ~3 min read
Regulatory Action and Guidance
12 items“IRC Section 401(a)(39)(E) permits distributions from a defined contribution plan for the payment of certified long-term care insurance premiums if certain disclosure requirements are met, including that the issuer of the certified long-term care insurance must file an “Issuer Disclosure” with the IRS. ... As an example set forth in the 2025 RA List, the Roth catch-up requirements under section 603 of SECURE 2.0 are expected to appear on the 2027 RA List (when the final Roth catch-up regulations generally become applicable), and, accordingly, the amendment deadline for those requirements generally will be December 31, 2029.” MORE >>
Source: IRS
Senate Finance Democrats demanded Treasury Secretary Scott Bessent pay $910,000 in owed payroll taxes, citing a recent Second Circuit ruling that may affect how limited partners are taxed. MORE >>
Source: Senate Finance Committee
“You can take that “Acting” out of Keith Sonderling’s title, as the U.S. Senate late Wednesday confirmed him as the 31stU.S. Secretary of Labor along a party line vote of 47-41. Sonderling succeeds Lori Chavez DeRemer, who resigned back in April amid a variety of official misconduct allegations. Sonderling, who was confirmed by the Senate as United States Deputy Secretary of Labor on March 12, 2025, was designated as Acting Secretary of Labor on April 20, 2026 by President Donald J. Trump, who subsequently nominated him to serve as Secretary of Labor on June 29, 2026.” MORE >>
Source: 401(k) Specialist
“Generally, the timing for adopting retirement plan amendments depends on whether the amendment is discretionary or required. For optional plan design changes, the amendment is generally due by the last day of the plan year in which the change is implemented.” MORE >>
Source: Ogletree Deakins
“The IRS issued draft regulations Tuesday that would allow the Secretary of the Treasury to automatically create an initial Trump Account, or 530A account, for eligible children without requiring a parent, guardian, or other adult to submit an enrollment election.” MORE >>
Source: PLANADVISER
“The proposal from IRS and Treasury would enable automatic account creation by the Treasury secretary.” MORE >>
Source: PLANSPONSOR
“The Department of Labor recently issued Technical Release 2026-02, concluding that Trump Accounts and most employer contribution programs associated with those accounts generally will not be treated as employee pension benefit plans under Title I of ERISA.” MORE >>
Source: PLANADVISER
“However, one of the most common compliance issues that we see has nothing to do with the amendment's substance. Instead, it concerns whether the amendment was properly approved in the first place. Many plan sponsors are surprised to learn that adopting a retirement plan amendment is not simply an administrative exercise. A retirement plan is a corporate benefit program, and changing the terms of that program is a corporate act. Just as a company cannot enter into a significant contract or approve another major corporate action without the appropriate authority, it cannot amend its retirement plan unless the individual or group approving the amendment has the authority to act on behalf of the” MORE >>
Source: Bricker Graydon
“In the News Nathan J. Oleson discusses when arbitration might be triggered as the WNBA weighs whether trans athletes are eligible to play. ESPN View Learn how we can help you confidently address your unique workplace legal challenges.” MORE >>
Source: Littler
“Internal Revenue Service (IRS) has issued guidance on a provision of the SECURE 2.0 Act allowing 401(k), 403(a), 403(b), and eligible governmental 457(b) plans to offer optional distributions to pay long-term care (LTC) insurance premiums. Notice 2026-33” MORE >>
Source: Ascensus
“On September 18, 2026, the Pension Benefit Guaranty Corporation (PBGC) issued Technical Update 26-1, providing a temporary waiver from reporting requirements under ERISA regulation section 4043.23(a)(2) if a single-employer defined benefit (DB) plan covered by Title IV of ERISA experiences an attrition event. The waiver applies to active participant reduction attrition events for which the reporting deadline is on or after September 18, 2026. ERISA Section 4043 requires plan administrators or contributing sponsors of single-employer DB plans to notify the PBGC when specified events occur that could signal increased risk to the plan or to the sponsor’s ability to maintain it.” MORE >>
Source: Milliman
The Treasury Department issued temporary regulations for Trump accounts, detailing initial setup, automatic enrollment, and qualified contributions, affecting account trustees, beneficiaries, and donors. MORE >>
Source: Federal Register