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October 7, 2026Retirement

The Daily Brief for Benefits Professionals

BenefitsWire

Retirement Plans

October 7, 2026

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12 items · ~3 min read

Top of the Brief

SCOTUS Intel Hearing Focuses on ‘Meaningful’ Fund Benchmarks

“A majority of U.S. Supreme Court justices signaled they believe there is a need to define what constitutes a “meaningful benchmark” when evaluating the performance of retirement plan investments during Tuesday’s oral arguments in Anderson v.”

In this issue

Retirement Plans (3)  ·  Litigation (6)  ·  General Benefits (3)

Retirement Plans

3 items
ERIC, NAGDCA Push for Simpler Path with Saver’s Match

“A new federal program aiming to jump-start America’s retirement savings is getting much closer to becoming reality. As implementation approaches, two industry organizations are urging the IRS to simplify how Saver’s Match funds will move into employer-sponsored retirement plans once payments begin in 2028. On Monday, the ERISA Industry Committee (ERIC) submitted comments to the IRS on how it feels the new federal savings program should work, working in conjunction with existing employer-sponsored retirement plans. Andy Banducci, SVP of Retirement and Compensation Policy with ERIC, said large employers are excited about the added government assistance contributing to their workers’ retirement” MORE >>

Source: 401(k) Specialist

Retirement Plan Amendments and 2026 Year-End Action Items

“December 31, 2026 is a required amendment deadline for most calendar-year qualified retirement plans.1 Recent changes in law have resulted in plans implementing a variety of required and optional changes that have arisen under various legislation such as the SECURE Act, CARES Act, and SECURE. 2.0 Act. In order to ensure your plan remains legally compliant, it will be important to review your plan operations and make sure any changes are documented in writing before the end of the year.” MORE >>

Source: Alston & Bird

ERISA 403(b) Employer Contributions More Than Doubled From 2009 to 2023

“Plan costs declined by 23 basis points over the same period.” MORE >>

Source: PLANSPONSOR

Litigation

6 items
AT&T’s Athene Pension Transfer: State Street Must Answer—But the Sponsor Gets Out

“By Christopher B. Tobe | The CommonSense 401k Project Some accountability has survived in the AT&T pension risk transfer litigation. On September 28, 2026, Judge Nathaniel Gorton dismissed the claims against AT&T while allowing a prudence claim against State Street to proceed.” MORE >>

Source: The Commonsense 401(k) Project

Chubb ESOP Series: New Litigation Risks for Mature ESOPs

“In coordination with Chubb, a leading provider of commercial and personal property and casualty insurance, personal accident and supplemental health insurance, reinsurance, and life insurance, Groom is continuing its “Chubb’s ESOP Series,” a collection of whitepapers examining key legal, fiduciary, and litigation issues impacting employee stock ownership plans (“ESOPs”).” MORE >>

Source: Groom Law Group

SCOTUS Intel Hearing Focuses on ‘Meaningful’ Fund Benchmarks

“A majority of U.S. Supreme Court justices signaled they believe there is a need to define what constitutes a “meaningful benchmark” when evaluating the performance of retirement plan investments during Tuesday’s oral arguments in Anderson v.” MORE >>

Source: PLANADVISER

Can an ERISA Section 510 Retaliation Claim Be Forced into Arbitration? A Texas Court Says Yes, Even with a Benefits Carve-Out

“66 Franklin Street, Suite 300 Oakland, CA 94607 In Hawkins v. Wells Fargo Bank, N.A., No. 3:26-cv-00026, 2026 WL 2905988 (S.D. Tex. Sept.” MORE >>

Source: Roberts Disability Law

Intel’s 401(k) Case: Will the Supreme Court Choose Transparency and Accountability—or Enrich the Private Equity Industry?

“By Christopher B. Tobe — The CommonSense 401k Project On Tuesday, October 6, the Supreme Court will hear oral argument in Anderson v. Intel Corporation Investment Policy Committee.” MORE >>

Source: Foley & Lardner

[General Benefits]

Who Needs a ‘Meaningful Benchmark,’ Anyway?

“Jack Towarnicky says as most law school students learn in Contracts 1: "It Depends!" as Supreme Court will hear oral arguments in Anderson v. Intel case Tuesday Tomorrow, Intel returns to the U.” MORE >>

Source: 401(k) Specialist

General Benefits

3 items
How Can Plan Sponsors File Plan Tax Forms With the IRS?

“Experts from Groom Law Group and CAPTRUST answer questions concerning retirement plan administration and regulations.” MORE >>

Source: Groom Law Group

Your Recordkeeper Contract May Now Be a 'Plan Document'

“Under ERISA Section 104(b)(4), upon written request of a participant or beneficiary, a plan administrator must furnish a copy of the “contract, or other instruments under which the plan is established or operated.” In Kelly v. Altria Client Services, LLC (4th Cir. 2026), the Fourth Circuit, applying the dictionary meaning of “operate,” held that the administrative services agreement (the “ASA”) between Fidelity and the plan sponsor is a document under which the plan is operated because it directs Fidelity to answer calls and communicate with the plan sponsor and the plan participants, fulfill literature requests, take customer service calls, respond to inquiries about the plan, provide fund ” MORE >>

Source: Haynes Boone

[Retirement Plans]

Developing Gen X, Millennial Savers Lack Confidence in Retirement System

“More access to lifetime income products, especially as part of their 401(k) plans, might brighten their retirement aspirations, according to Harris Poll Can the American retirement system that has benefited Baby Boomers offer the same confidence and success for younger workers?” MORE >>

Source: Ogletree Deakins

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
BDK2, LLC, 2503D N Harrison St PMB 2091, Arlington, VA 22207-1640

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