UBP blog

01/28/2010

One very costly ERISA mistake most 100+ employee companies are making

Most U.S. employers with 100 or more workers don’t comply with ERISA regulations, which can result in some very steep federal fines that add up fast.

The Employee Retirement Income Security Act (ERISA) has strict requirements for employers that sponsor 401(k), group life, medical, dental and disability plans to report certain financial information on these plans to the Department of Labor (DOL) using Form 5500.

However, public records reveal that of the approximately 110,000 businesses that employ 100+ individuals, roughly 60,000 (or 55%) have not filed Form 5500.  These findings are according to a study done by Atlanta-based ERISA Pros.

What this means for employers:

If your company is one of the many that fails to file Form 5500 on time, the DOL can fine you up to $1,100 for every day that it’s late. This $1,100 applies separately for each of your benefit plans, is not subject to the statute of limitations and is not tax deductible. In other words, you could end up owing a lot of money.

For instance, an employer that sponsors a 401(k), medical plan, dental plan, group life and disability plan could owe the DOL over $100,000 for filing Form 5500 just 30 days late.

Also, beginning in 2010, employers are required to file all Plan Year 2009 and subsequent Form 5500s electronically using the Department of Labor’s EFAST2 system. This will make it a lot easier for the DOL to ensure compliance and enforce penalties.

Summary Plan Descriptions:

Last but not least, as many employers know, ERISA requires all employers sponsoring any of the benefit plans mentioned above to disclose benefit-related information to Plan participants via Summary Plan Descriptions.  Many ERISA specialists believe that the rate of employer compliance for this requirement is even lower than that of filing Form 5500.

The Department of Labor is slated to hire 1,000 new employees for 2010, 678 of whom will be investigators. So employers, start taking all the necessary steps for ERISA compliance now before the DOL comes knocking at your door.

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