Professional ERISA compliance services help small businesses and plan sponsors avoid several common pitfalls that can lead to severe financial penalties or the loss of a plan’s tax-qualified status. Key issues addressed include:
Reporting and Documentation Failures Services help prevent late or inaccurate Form 5500 filings, which can result in Department of Labor (DOL) penalties of up to $2,670 per day. They also assist with creating ERISA wrap documents to ensure all benefit plans are bundled into a single, compliant master document, preventing fragmented or incomplete participant disclosures.
Fiduciary Breaches and Operational Errors Common pitfalls such as late employee contributions, inadequate fee disclosures, and prohibited transactions (like self-dealing or conflicts of interest) are mitigated through regular audits and automated tracking. Services ensure that fiduciaries adhere to the duty of prudence and loyalty, protecting them from personal liability.
Lack of Regulatory Updates Compliance services ensure that plans are updated timely for legal changes through managed plan amendments. For existing errors, these services guide sponsors through official correction programs like the Voluntary Fiduciary Correction Program (VFCP) or the Self-Correction Program (SCP) to remediate failures without facing maximum sanctions.
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