Employee Benefits Law Blog
- Posts by Olivia K. Reid
AssociateOlivia Reid is an associate in Foster Swift's Business & Tax Practice Group in Lansing, Michigan. She helps business owners, nonprofit organizations, and individuals navigate complex legal and tax matters, with a particular focus ...
Plan sponsors should begin preparing now for the upcoming deadline to formally amend retirement plans for compliance with SECURE 2.0. For most qualified retirement plans, including 401(k) plans, profit sharing plans, ESOPs, and certain 403(b) plans, SECURE 2.0 amendments generally must be adopted by December 31, 2026
On July 22, 2026, the DOL published a proposed rule that would create a similar safe harbor for group health plans governed by ERISA that was adopted in 2020. The proposed safe harbor would allow administrators of group health plans to furnish certain ERISA-required notices and documents electronically through a notice-and-access method. Under that approach, participants and beneficiaries would receive a notice that required disclosures are available online, rather than receiving paper copies by default.
On September 16, 2025, the Internal Revenue Service released final rules implementing SECURE 2.0 changes to catch-up contributions under certain retirement plans, including 401(k) and 403(b) plans. Employers should be aware of two key changes.
1. Mandatory Roth Catch Up Contributions for High Earners
Employees whose FICA wages from the plan sponsor exceed the applicable indexed threshold during the prior calendar year ($150,000 for 2026) may only make catch-up contributions on a Roth basis. This is an employer level determination based solely on wages paid by the employer ...
