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From Across the Web, the Latest Published Articles, Papers, Research, and More

The DOL and DOJ Take Steps to Support ERISA Fiduciary Defendants at the Supreme Court

On December 9, 2025, the Solicitor General submitted briefs to the Supreme Court regarding two significant ERISA class action cases: Pizarro v. The Home Depot, Inc., and Parker-Hannifin Corp. v. Johnson. These cases address differing lower court opinions on the burden of proof for plaintiffs claiming breaches of ERISA's fiduciary duties. The SG urged the Court to adopt more favorable legal standards for ERISA plan fiduciaries, which would increase the chances of the Court hearing the cases. This move reflects the DOL's growing willingness to address and reduce abusive ERISA litigation that raises plan administration costs for sponsors.

Source: Groom.com, December 2025

Roth Catch-Up Mandate Compliance and Deemed Election Examples

Starting January 1, 2026, High Earners (also referred to as Highly Paid Individuals) who are eligible for catch-up contributions must do so on a Roth basis. Before discussing the administration of this new requirement, it's important to clarify the compensation thresholds that define a High Earner and what constitutes a catch-up contribution.

Source: Belfint.com, December 2025

403b Plans Continue Rapid Modernization: Survey

PSCA's 2024 survey of 303 nonprofits shows significant modernization in 403b plans, with sharp increases in employee participation, Roth options, and automated features like auto-enrollment and escalation. SECURE Acts 1.0 and 2.0 accelerated these changes, making 403b plans resemble 401ks and driving record savings rates. Article contains survey details.

Source: Psca.org, December 2025

DOL Shifts Position on ERISA Litigation Burden of Proof

The U.S. Supreme Court asked the Labor Department to weigh in on an ERISA case regarding the burden of proof. In its amicus brief, the Department reversed its prior stance, stating that after reviewing the issue, the burden of proving causation should rest with ERISA plaintiffs.

Source: Psca.org, December 2025

DC Plan Loans Correspond to Health Care Spending: EBRI

An Employee Benefits Research Institute brief reports that participants who took 401k loans in 2021–2022 were likely using them to cover rising health care costs. Among households with a new loan, 51% increased health care spending by at least 10%, compared to 47.8% of households without a new loan.

Source: Planadviser.com, December 2025

The DOL Audit: How Plan Sponsors Prepare and What to Expect

DOL audits are rarely welcomed by retirement and benefit plan sponsors. However, these audits serve an important purpose: ensuring that plans such as 401ks, 403bs, and pension programs are properly administered and comply with ERISA and tax regulations. Under ERISA, the DOL enforces strict fiduciary and reporting standards. This guide explores how sponsors can effectively prepare for an audit.

Source: Planpilot.com, December 2025

401k Investing: ESG, Crypto and Fiduciary Risks

The increasingly politicized environment has made 401k investment guidance unpredictable, with regulations shifting whenever a new administration takes office. This constant change creates uncertainty and imposes costly administrative burdens on plan sponsors and fiduciaries striving to remain compliant. So, what's the best path forward? This article explores practical strategies for plan sponsors to navigate these challenges.

Source: Phillipslytle.com, December 2025

The State of America's Small Business Retirement Readiness in 2025

The retirement landscape is evolving rapidly, and many employers are struggling to keep pace with new regulations and rising employee expectations. Within the data lies a significant opportunity to enhance benefits, improve retention, leverage tax advantages, and provide employees with greater financial security. This uncertainty reveals a massive opportunity. Small businesses need clearer support to turn good intentions into readiness.

Source: Myubiquity.com, December 2025

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Collected Wisdom™

Our researchers look for what they think are some of the better resources available to assist you in administering your plan or helping your clients. We group these resources in our COLLECTED WISDOM™ topics to make it easy for you to locate the information you need. Each item in a category contains a summary and date of when it was placed in the group.

We also maintain some older material in these collections for perspective and context.

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