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October 12, 2026Retirement

The Daily Brief for Benefits Professionals

BenefitsWire

Retirement Plans

October 12, 2026

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9 items · ~3 min read

Top of the Brief

Should you add a 59½ in-service distribution feature to your cash balance plan? Practical and actuarial considerations for retirement plan sponsors

“The Bipartisan American Miners Act of 20192 lowered the minimum age at which a qualified pension plan may permit an in-service distribution from 62 to 59½, although plans are not required to offer this feature.3 A 59½ in-service distribution feature does not exclusively apply to cash balance plans, but for participants who are still working, this option can provide a new way to gain control over a benefit without waiting until retirement.”

In this issue

Retirement Plans (3)  ·  General Benefits (4)  ·  Webinars (1)  ·  Litigation (1)

Retirement Plans

3 items
Should you add a 59½ in-service distribution feature to your cash balance plan? Practical and actuarial considerations for retirement plan sponsors

“The Bipartisan American Miners Act of 20192 lowered the minimum age at which a qualified pension plan may permit an in-service distribution from 62 to 59½, although plans are not required to offer this feature.3 A 59½ in-service distribution feature does not exclusively apply to cash balance plans, but for participants who are still working, this option can provide a new way to gain control over a benefit without waiting until retirement.” MORE >>

Source: Milliman

[Regulatory Action and Guidance]

SECURE and SECURE 2.0 Plan Amendments: What Retirement Plan Sponsors Need to Know Before December 31, 2026

“October 9, 2026 For retirement plan sponsors and plan providers such as Greenleaf Trust, December 31, 2026, is an important plan document deadline – but it is not a universal deadline for every SECURE or SECURE 2.” MORE >>

Source: Greenleaf Trust

[General Benefits]

Does Retirement Plan Proxy Voting Choice Change Who Owns The Vote?

“by Christopher Carosa, CTFA | Oct 6, 2026 | Basic Members, Due Diligence | 0 comments Viewing this content requires a Basic (Free) Membership or better. You are not currently logged in.” MORE >>

Source: Arnold & Porter

General Benefits

4 items
401(k): Who Is Your Regulator—DOL, SEC, Iowa, Nevada, or the Caymans?

“The industry wants access to workers’ retirement savings without accepting the transparency and accountability associated with SEC-registered mutual funds. Collective investment trusts, or CITs, provide a route around that mutual-fund framework. Your retirement account can remain subject to ERISA while the investments inside it move through a maze of different regulatory systems.” MORE >>

Source: The Commonsense 401(k) Project

Expanding ESOPs Coalition Hits the 100-Member Mark

“The Expanding ESOPs coalition hits 100 members and hires policy expert Michael Sinacore to drive legislation and supercharge employee stock ownership plan adoption. Executive Summary: The Push for Employee Ownership The Expanding ESOPs coalition announced this week that it has grown to more than 100 members.” MORE >>

Source: 401(k) Specialist

ERIC Retirement & Compensation Policy Highlights: ERIC Files Comments on Saver’s Match; Supreme Court Hears Intel Case

“Forgot Your Password? If you do not yet have an ERIC Online profile or user name and password, please create one using Create Profile Form. If you need assistance with your user name/password or profile, please contact ERIC at (202) 789-1400.” MORE >>

Source: Arnold & Porter

NCPERS Research Roundup: New Compensation Data Available, Public Retirement Systems Study Now Open

“By: Matt Eckel, Director of Research, NCPERS Autumn brings with it many things: shorter days, lower temperatures, pumpkin-spicier lattes, and of course new compensation data from NCPERS.” MORE >>

Source: Miller & Chevalier

Webinars

1 item
Webinar: ERISA Litigation in Focus: 2026 Regulatory Shifts, Retirement Plan Cases, and Welfare Plan Challenges

“The ERISA litigation landscape continues to evolve as courts, regulators, and litigants shape new developments affecting employee benefit plans. Recent judicial decisions, agency activity, and enforcement trends are creating important considerations for plan sponsors, fiduciaries, and benefits professionals across both retirement and welfare plans. Join our ERISA litigation team for a timely discussion of notable developments impacting the benefits landscape. We will explore emerging trends, litigation risks, and practical considerations to help organizations understand the latest legal developments and prepare for what may lie ahead.” MORE >>

Source: Seyfarth (Beneficially Yours)

Litigation

1 item

[General Benefits]

S.D. Cal.: ERISA Governs a “Voluntary” Supplemental Disability Policy, and the Benefits Claim Falls Short

“In Whitlock v. Provident Life and Accident Insurance Company, No. 25-cv-0964-AGS-VET (S.D. Cal. Sept. 30, 2026), the Southern District of California confronted a recurring question for anyone with an employer-offered supplemental disability policy: when does ERISA control, even for coverage the employee pays for herself? On cross-motions for judgment under Rule 52, the court held that ERISA governed Plaintiff’s individual “top-up” disability policy, that the policy did not qualify for ERISA’s safe harbor, and that Plaintiff had not carried her burden of proving partial disability. The court granted judgment for the insurer and dismissed Plaintiff’s alternative state-law claims as preempted.” MORE >>

Source: Roberts Disability Law

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