Retirement Plans, June 13, 2026

Expert Analysis

Guiding Plans Through Private Market Decisions

“Panelists said adding private markets exposure may help broaden the investment opportunity set at a time when the number of publicly traded companies has fallen and more corporate growth is occurring before companies go public. The most likely vehicle for adding alternatives, they said, is not a stand-alone menu option, but professionally managed products such as target-date funds, managed accounts and custom funds.”

PLANADVISER

How to Weigh Private Markets as Regulators Open the Door

“Panelists said adding private markets exposure may help broaden the investment opportunity set at a time when the number of publicly traded companies has fallen and more corporate growth is occurring before companies go public. The most likely vehicle for adding alternatives, they said, is not a stand-alone menu option, but professionally managed products such as target-date funds, managed accounts and custom funds.”

PLANSPONSOR

Fixed Income, Private Assets, TDFs, Among Top Innovations for DC Plan Sponsors

“Plan consultants are noticing high interest in non-core fixed income options, multi-asset inflation, and private credit in asset allocation solutions.”

401(k) Specialist

International Compliance and Risk-Mitigation Heat Map (2026 Update)

“In 2022, Foley’s Government Enforcement Defense & Investigations Team first produced a set of interactive international compliance and risk-mitigation heat maps designed to provide an at-a-glance resource for identifying countries around the world that pose potential issues for multinational companies that conduct business in, trade with, or source materials from them.”

Foley & Lardner

Regulatory Action and Guidance

New Guidance on Expanded IRC Section 4960 Excise Tax: Proposed Regulations Coming Soon

“On June 5, 2026, the Treasury Department and IRS issued IRS Notice 2026-36 (the “Notice”), announcing that proposed regulations under IRC Section 4960 are imminent.”

Groom Law Group

New Colorado Law on Demographic Reporting May Signal Larger Changes

“The new Colorado law states that employers "shall provide the EEO-1 data required" even if the federal EEO-1 reporting requirement is repealed or discontinued. This provision is timely in light of the U.S. Equal Employment Opportunity Commission's (EEOC) proposal to eliminate EEO-1 reporting.”

Ogletree Deakins

ERISA Litigation

District Court Vacates IRS Notice 2025-42, Restoring Five Percent Safe Harbor Option for Beginning of Construction

“On June 6, 2026, the U.S. District Court for the District of Columbia vacated Notice 2025-42 (the Notice) in Oregon Environmental Council v. IRS, No. CV-25-4400. The Notice had eliminated the long-standing Five Percent Safe Harbor for establishing the beginning of construction date for wind and large solar projects ... The court held that the Notice was arbitrary and capricious under the Administrative Procedure Act (APA).”

Troutman Pepper Locke