News & Analysis as of

Benefit Plan Sponsors Form 5500 Employee Retirement Income Security Act (ERISA)

Venable LLP

July Filing Deadlines for Employee Benefit Plans

Venable LLP on

By July 31, employers that sponsor self-funded medical plans must report and pay their PCORI fee. By July 31, employers that sponsor calendar-year employee benefit plans that are subject to ERISA must file a Form 5500 (unless...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You don’t have as much leverage as you think

As a plan fiduciary, I still can’t believe it. A Third Party Administrator (TPA) we terminated was trying to hold us up for valuations and a Form 5500 we paid for, as part of, annual administration. It was $80,000....more

Proskauer - Employee Benefits & Executive...

PBGC Technical Update on Accelerated Premium Filing Due Dates for 2025

As described in further detail below, absent Congressional action, plan sponsors should take note that PBGC premium filings will generally be due one month earlier than usual for plan years beginning in 2025. This...more

Venable LLP

July Filing Deadlines for Employee Benefit Plans

Venable LLP on

By July 31, employers that sponsor self-funded medical plans must report and pay their PCORI fee. By July 31, employers that sponsor calendar-year employee benefit plans that are subject to ERISA must file a Form 5500 (unless...more

Bricker Graydon LLP

Do you Have the Proper Document in Place to File a Single 5500 for your Welfare Plans?

Bricker Graydon LLP on

Unless an exception applies, all ERISA-covered benefit plans have to file an annual Form 5500 each year with the DOL and IRS (filed through the DOL’s website). Plan sponsors have the ability to combine their welfare plan...more

Faegre Drinker Biddle & Reath LLP

The Annual Form 5500 Audit: DOL Broadens Criteria for Independent Qualified Public Accountants

The Department of Labor (DOL) recently removed one regulatory hurdle for public companies that maintain employee benefit plans subject to the Form 5500 requirement. Specifically, the DOL has relaxed the criteria for who...more

Dickinson Wright

It’s Form 5500 Season: Five Common Mistakes that Plan Sponsors Should Avoid

Dickinson Wright on

We are just past the “official” start of summer, which means it is time for sponsors of retirement plans and many health and welfare plans to think about preparing and submitting Form 5500. In this post on the All Things HR...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Goodbye, limited scope audit

The auditing business for retirement plans has been cleaned up over the years, and quite a few auditors who have no business conducting audits were moved aside by the Department of Labor (DOL), and further changes for the...more

Fisher Phillips

DOL Announces Higher Penalties for Plan Compliance Errors

Fisher Phillips on

Since 2015, federal agencies have been required to annually review the laws and regulations they enforce to adjust applicable penalties for inflation. The idea has been to provide increasingly greater incentives for plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Changes to 5500 reflect PEP requirements

The Department of Labor’s Employee Benefits Security Administration (EBSA) released their final revisions to the Form 5500 and the Form 5500-SF Short Form Annual Return/Report of Small Employee Benefit Plan for the 2021 plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Correct the late deferral issue correctly

Correcting your plan’s late deposit of salary deferrals by depositing them and making a contribution to make up for lost earnings in your 401(k) plan isn’t enough....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Some guidance on retroactive plans

One of the most annoying parts of being an ERISA attorney was the requirement that new retirement plans be adopted by the last day of the Plan Year, making December 31st a very busy time of year....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Fix those late 5500 errors

With July 31st passing (the deadline for Form 5500 without an extension), it’s a great way to ponder if you have any outstanding Form 5500 issues such as a late return or an incomplete return (such as one missing a plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The forgetful part of the DFVCP will cost you

The Delinquent Filer Voluntary Compliance Program (DFVCP) is a Department of Labor (DOL) program designed to encourage voluntary compliance with ERISA’s 5500 program. It’s great as a plan sponsor if you forget to file a Form...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Get that Final 5500 done

When a plan terminates and distributes all its assets or merges all its assets into another plan, you need to understand that a Final Form 5500 needs to be completed. Otherwise, you will get notified by the Internal Revenue...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How does it happen? It does/

Part of my job is fixing errors made by plan sponsors and their plan providers. Despite what the top payroll providers who also serve as third-party administrators (TPA) may say, a good part of that job is fixing the errors...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Those answers on that 5500, you may hear from the government

The purpose of an audit of Form 5500 is to make sure that plan sponsors voluntarily comply with the Internal Revenue Code and ERISA. Sometimes, an Internal Revenue Service (IRS) or Department of Labor (DOL) audit is done...more

Holland & Hart - The Benefits Dial

Time Has Come Today…For Form 5500 Season

Days are getting longer, temperatures are getting warmer, plants are looking greener, schools are letting out, Brood X cicadas are emerging…it can only mean one thing…5500 season is approaching. However, unlike the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

It doesn’t matter when you get paid, do your job

There is a growing problem that I’ve seen dealing with plan providers (usually third party administrators (TPAs) who get paid for an entire plan year’s work, get terminated and refuse to complete the end of the year work...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with plan investments and audits

Retirement plans with more than 100 participants require a CPA audit for their Form 5500. However, small plans with less than 100 participants may sometimes require an audit. This often happens when more than 5% of the Plan’s...more

Groom Law Group, Chartered

SECURE Act and Spending Bills – Impact on Plan Sponsors

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), the largest package of retirement system reforms in over a decade, was enacted on December 20, 2019.  Many of the provisions in the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Call an ERISA attorney when you get the government’s call

When you get pulled over by the police while driving, the best way to handle is to be pleasant and not be argumentative. You listen to the officer as to why he pulled over. Being belligerent and non-cooperative will only lead...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

What all good 401(k) plans have

There are so many articles for plan sponsors (I’ve written quite a few) where they go on and on about what plan sponsors need for a successful 401(k) plan. Rather than go into a whole diatribe, here is a Reader’s Digest of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Review that ERISA bond, because it might not be one

All ERISA plans need an ERISA bond that protects the plan from thefts of plan assets by plan fiduciaries. ERISA requires that every fiduciary of an employee benefit plan and every person who handles plan assets be bonded. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Need Auditors who understand the “new way”

As an ERISA attorney, 3(16) plan administrator, and sponsor of several 401(k) plans that needed an audit completed by October 15th to file the Form 5500 on-time, I will have to say I’ve noticed a discrepancy among audit...more

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