Why 73% of 401(k) investigations end in fines
Here are some compelling reasons why it’s in your company’s best interest to do a self-audit of its 401(k) administration processes.
In 2013 alone, the DOL closed 3,677 total 401(k) investigations. What’s worse, nearly three-fourths (73%) of these investigations resulted in fines or other corrective action for the employers that were involved.
DOL investigations also resulted in litigation like civil lawsuits in 111 cases. With the increased funding and an enforcement focus on 401(k) administration, employers can expect to see even more results like this moving forward.
2 common errors
For the most part, the employers the DOL looks into aren’t being fined for egregious errors.
In fact, Assistant Secretary of Labor Phyllis Borzi said:
“Most fiduciaries — people who have key responsibilities and obligations to an employees benefit plan — and employers want to do the right thing. However, inadvertent mistakes can create significant problems for fiduciaries and participants.”
The most common situations the DOL investigated involved employer errors when administering 401(k) plans. Specifically, the errors that triggered the majority of 401(k) investigations were:
- failing to make a timely remittance to the 401(k) plan, and
- not getting employee their 401(k) statements in a timely manner.
One proven way employers can safeguard themselves DOL investigation: self-auditing their 401(k) administration practices. Employee Benefits Legal Blog offers an excellent checklist on all of the documents plan sponsors should have regarding their 401(k) plan.
This post originally appeared on our sister site, HR Benefits Alert.
Free Training & Resources
Webinars
Provided by Yooz
Webinars
Provided by Insightsoftware
Further Reading
The Department of the Treasury and the Internal Revenue Service (IRS) have issued new guidance on the paid family and medical leave tax cre...
Reassessing HSA employer contributions can increase participation while capturing meaningful payroll tax savings. Employer contributions to...
Sales tax compliance is a demanding job for finance teams like yours. For example, comparing the number of tax rate changes across the U...
How many times has your Finance team seen the word “processing” on their laptop screens this week? Instant payments, both via T...
It’s not too late to get tax relief in the form of the Employee Retention Credit that was created as part of the CARES Act in 2020, t...
Employee experience – including employee mental health – has become a higher priority for many organizations, according to rese...