Compliance Assistance

HIPAA

• Compliance Assistance Guide – Health Benefits Coverage Under Federal Law – Includes general descriptions of the four health care laws and FAQs. It also includes a self-compliance tool that can help to determine compliance with HIPAA, MHPA, the Newborns’ Act, and WHCRA with compliance tips that relate to common mistakes. This publication also includes a chart summarizing the laws’ notice requirements and provides model language that can be used to comply.

• HIPAA FAQs – The Health Insurance Portability and Accountability Act of 1996 (HIPAA), amended the Employee Retirement Income Security Act to provide new rights and protections for participants and beneficiaries in group health plans.

• HIPAA Nondiscrimination Requirements FAQs – FAQs on final regulations issued on the nondiscrimination provisions under HIPAA.

• Final Regulations for HIPAA Health Coverage Portability • Model Certificate • Request For Information on Benefit-Specific Waiting Periods Under HIPAA • Notice of Proposed Rulemaking for Health Coverage Portability: Tolling Certain Time Periods and Interaction With the FMLA Under HIPAA

• Nondiscrimination & Wellness Programs in Health Coverage in the Group Market – Final rules governing the HIPAA provisions regarding nondiscrimination based on a health factor and wellness program provisions for group health plans.

• Notice of Changes under HIPAA to COBRA Continuation Coverage under Group Health Plans – Provides information to employers and operators of private-sector health plans about new requirements to notify workers of new changes in their continuation health benefit coverage, as required by HIPAA.

• Health Disclosure and Claims Issues: FY 2001 Compliance Project Report – A review of group health plans for compliance with Part 7 of ERISA.

Multiple Employer Welfare Arrangements

• Multiple Employer Welfare Arrangements Under ERISA (MEWA) – A booklet addressing many questions concerning the effect of ERISA on federal and state regulation of MEWAs.

• Health Benefits Education for Small Businesses – Tips that employers can use to help ensure that employees have the health care coverage they need.

• The Form M-1 Online Filing System is an electronic filing system for the Form M-1 annual report for multiple employer welfare arrangements.  The system allows filers to complete the form and submit it at no cost.  This system is an example of an E-Government initiative which uses improved technology to make it easier for citizens and businesses to interact with the government.

• Form M-1 Annual Report – This form is required to be filed under section 101(g) and section 734 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and 29 CFR 2520.101-2.

• FAQS on the Form M-1 – Frequently asked questions and answers regarding the Form M-1 filing requirements.

Claims Procedure

• Group Health and Disability Plans Benefit Claims Procedure Regulation – A booklet on the rules that apply to group health and disability benefit claims.

• Claims Procedure Final Rule – Final regulations revising the minimum requirements for benefit claims procedures of employee benefit plans covered by Title I of the ERISA.

For Retirement Plans

• Model Notice of Multiemployer Plan in Critical Status • Model Notice - The PPA of 2006 amended ERISA and the IRC to require that sponsors of multiemployer defined benefit pension plans that are in endangered or critical status provide notice to participants. The model notice is intended to facilitate compliance with this notification requirement.

• Meeting Your Fiduciary Responsibilities – To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

• Selecting An Auditor For Your Employee Benefit Plan – Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• Selecting And Monitoring Pension Consultants – Tips For Plan Fiduciaries – ERISA requires that fiduciaries of employee benefit plans administer and manage their plans prudently and in the interest of the plan’s participants and beneficiaries. In carrying out these responsibilities, plan fiduciaries often rely heavily on pension consultants and other professionals for help. Findings included in a report by the SEC released in May 2005, however, raise serious questions concerning whether some pension consultants are fully disclosing potential conflicts of interest that may affect the objectivity of the advice they are providing to their pension plan clients.

• Tips For Selecting And Monitoring Service Providers For Your Employee Benefit Plan – Business owners are responsible for ensuring that their 401(k) plans comply with Federal law and rely on other professionals to assist them with their plan duties. Selecting a service provider is one of the most important responsibilities of a plan sponsor.

• Statement of Assistant Secretary Ann L. Combs on the Duties of Fiduciaries in Light of Recent Mutual Fund Investigations – Addresses the obligations of fiduciaries to review mutual fund and pooled investment fund investments with respect to reported and potential late trading and market-timing abuses. Also provides examples of steps to deal with market-timing concerns within plans without losing the protections of section 404(c) of ERISA.

• FAQs on the Small Pension Plan Audit Waiver Regulation – FAQs on how to determine whether a small plan has met the conditions for the audit waiver requirements under the amended regulation.

• Reporting And Disclosure Guide For Employee Benefit Plans – A quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• 401(k) Plan Fees Disclosure Tool – A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.  Now available in MS Word format.

• Pension Plans and ERISA – FAQs that describe the provisions of the federal pension law.

• Cash Balance Pension Plans FAQs – FAQs that describe basic information about cash balance plans.

• QDRO's - An Overview – QDRO's are domestic relations orders that recognize the existence of an alternate payee's right to receive benefits payable to a participant under a pension plan.

• Determining Qualified Status and Paying Benefits – Outlines a plan administrator's duties, requirements for qualification for QDRO's.

• Drafting QDRO's – Outlines the procedure for dividing pension benefits, defines survivor benefits, and explains the form of payment for QDRO's.

• Employee Plans News – A publication of the Employee Plans office of the Tax Exempt and Government Entities Operating Division of the IRS.  This quarterly newsletter provides information about current developments and upcoming events within the retirement plans arena.

For 401(k) Plans

• Meeting Your Fiduciary Responsibilities – To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

• Understanding Retirement Plan Fees And Expenses – This booklet will help retirement plan sponsors better understand and evaluate their plan's fees and expenses.  While the focus is on fees and expenses involved with 401(k) plans, many of the principles discussed in the booklet also will have application to all types of retirement plans.

• Selecting An Auditor For Your Employee Benefit Plan – Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• Reporting and Disclosure Guide for Employee Benefit Plans – This guide is intended to be used as a quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• 401(k) Plans For Small Businesses – This booklet highlights some of a 401(k) plan's advantages, some of the options and responsibilities of an employer operating a 401(k), and the differences among the types of 401(k) plans.

• 401(k) Plan Fees Disclosure Tool – A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.  Now available in MS Word format.

• Pension Plans and ERISA – FAQs that describe the provisions of the federal pension law.

• FAQs on the Small Pension Plan Audit Waiver Regulation – FAQs on how to determine whether a small plan has met the conditions for the audit waiver requirements under the amended regulation.

• Exemption Procedures Under Federal Pension Law

• EXPRO Exemptions Under Prohibited Transaction Exemption 96-62

• Individual Exemptions Under Title I of ERISA

• DFVCP Fact Sheet • FAQs • Federal Register Final Rule

• Employee Plans News - A publication of the Employee Plans office of the Tax Exempt and Government Entities Operating Division of the IRS.  This quarterly newsletter provides information about current developments and upcoming events within the retirement plans arena.

Reporting And Filing

2009 Form 5500 Revision

• Final Rule – Annual Reporting and Disclosure – The final rules conform the Department's annual reporting regulations to the changes to the Form 5500 Annual Return/Report.

• Notice of Adoption of Forms Revisions – The Notice of Adoption of Forms Revisions describes changes to the Form 5500 Annual Return/Report for reporting years beginning on or after January 1, 2009, including a new Short Form 5500 (5500-SF) for eligible plans.

• Technical Appendix – Providing supporting documentation for the Regulatory Impact Analysis included in the Final Rule - Annual Reporting and Disclosure.

Final Rule On Electronic Filing/Proposed Amendments To  Form 5500

• Final Rule – Electronic Filing of Annual Reports – The Final Rule establishes an electronic filing requirement for the Form 5500 Annual Return/Report for reporting years beginning on or after January 1, 2008.
  Note: The electronic filing requirement is for reporting years beginning on or after January 1, 2009. See Final Rule above under 2009 Form 5500 Revision.

• Notice of Proposed Forms Revisions – The Notice of Proposed Forms Revisions describes proposed changes to the Form 5500 Annual Return/Report for reporting years beginning on or after January 1, 2008, including a new Short Form 5500 (5500-SF) for eligible plans • Public Comments.

• Proposed Rule – Annual Reporting and Disclosure – The Proposed Rule would conform the Department’s annual reporting regulations to the proposed changes to the Form 5500 Annual Return/Report.

• Proposed Revisions for 2008 Form 5500 and Schedules • Instructions – Mark-up showing the proposed changes for the 2008 Form 5500 and Schedules and Instructions that are itemized in Appendices C and D to the Notice of Proposed Forms Revisions.

• The proposed Short Form 5500 (Form 5500-SF) and Instructions are included as Appendices A and B to the Notice of Proposed Forms Revisions.

• Technical Appendix – Providing supporting documentation for the Regulatory Impact Analysis included in the Proposed Rule – Annual Reporting and Disclosure.

• Notice of Supplemental Proposed Forms Revisions – Proposed changes supplement proposed revisions to the Form 5500 published prior to the enactment of the PPA, by DOL, the IRS, and the PBGC.

• Proposed Supplemental Form 5500 Schedules:

• Schedule SB – Actuarial Information – Single Employer Defined Benefit Plans

• Schedule MB – Actuarial Information – Multiemployer DB & Money Purchase Plans

• Schedule R – Retirement Plan Information

• Estimates of the Burden for Filing Form 5500: The Change in Burden from the 1997 to the 1999 Forms – A 1999 report prepared for EBSA by Mathematica Policy Research, which documents cost estimates of prior reporting requirements and serves as the basis for the current unit cost estimates.

• Instructions provided by EBSA to the peer reviewer pursuant to the OMB Final Information Quality Bulletin for Peer Review.

• Peer Review Report – Completed pursuant to the OMB Final Information Quality Bulletin for Peer Review and cited in the Regulatory Impact Analysis included in the Proposed Rule – Annual Reporting and Disclosure.

General Reporting And Filing Compliance Assistance

• Reporting Delinquent Participant Contributions on the Form 5500 – FAQs that provide guidance to plan administrators and accountants on complying with the requirements of the Form 5500 for reporting delinquent participant contributions.

• Form 5500 Filing Tips for Pension Plans, Welfare Plans and Direct Filing Entities – Practical, common sense tips for some of the most frequently occurring Form 5500 filing problems.

• Reporting And Disclosure Guide For Employee Benefit Plans – A quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• FAQs On The Small Pension Plan Audit Waiver Regulation – Questions on how to determine whether a small plan has met the conditions for the audit waiver requirements under the amended regulation.

• EFAST Automated 5500 Forms Processing – Information about the computerized system that streamlines filing and processing of Form 5500.

• EFAST FAQs – FAQs that describe the computerized system for the electronic filing of plan annual reports.

• Delinquent Filer Voluntary Compliance Program (DFVCP) – Description of a program that reduces the monetary penalties for employee benefit plan administrators to encourage voluntary compliance.

• Delinquent Filer Voluntary Compliance Program FAQs – FAQs that explain the program that is designed to encourage voluntary compliance with the annual reporting requirements under the Employee Retirement Income Security Act.

• Delinquent Filer Voluntary Compliance Program Penalty Calculator - The calculator is provided to aid in the filing process and to reduce the number of over and under payments made to the DFVCP.  While use of the calculator is not required, it is highly recommended to ensure compliance with the program's requirements.

• Selecting An Auditor For Your Employee Benefit Plan - Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• EFAST A – Users' Guide for Electronic/Magnetic Media Filing of Forms 5500 and 5500 EZ

• EFAST B – Part 1 – Electronic/Magnetic Media File Specifications for Validation Criteria for Forms 5500 and 5500 EZ

• EFAST B – Part 2 – Electronic/Magnetic Media File Specifications for Validation Criteria for Forms 5500 and 5500 EZ

• EFAST C – EFAST Participant Acceptance Testing Procedures

• ERISA Reporting Forms 5500/5500 EZ – The Form 5500 Series is part of ERISA's reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in accordance with prescribed standards.

General Fiduciary Compliance Assistance

• Meeting Your Fiduciary Responsibilities – To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

• Understanding Retirement Plan Fees And Expenses – This booklet will help retirement plan sponsors better understand and evaluate their plan's fees and expenses.  While the focus is on fees and expenses involved with 401(k) plans, many of the principles discussed in the booklet also will have application to all types of retirement plans.

• 401(k) Plan Fee Disclosure Tool – A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.

• Selecting An Auditor For Your Employee Benefit Plan – Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• Reporting and Disclosure Guide for Employee Benefit Plans – This guide is intended to be used as a quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• Statement of Assistant Secretary Ann L. Combs on the Duties of Fiduciaries in Light of Recent Mutual Fund Investigations – Addresses the obligations of fiduciaries to review mutual fund and pooled investment fund investments with respect to reported and potential late trading and market-timing abuses. Also provides examples of steps to deal with market-timing concerns within plans without losing the protections of section 404(c) of ERISA.

• ERISA Advisory Opinions – The policies, regulations, opinions, and interpretation regarding the fiduciary, reporting, disclosure, and coverage provisions of ERISA.

• ERISA Procedure 76-1: Filing Requests for Advisory Opinions/Information Letters – This ERISA procedure describes the general procedures of the department in issuing information letters and advisory opinions under the Act.

• Class Exemptions – A class exemption is an administrative "blanket" exemption, which permits a person to engage in a similar transaction or a series of similar transactions with plan in accordance with the terms and conditions of the class exemption, without requiring the person to obtain an individual exemption.

• EXPRO Exemptions – PTE 96-62 currently requires that applicants demonstrate that their proposed transactions are substantially similar to transactions in at least two exemptions previously granted by the department within five years of their submission.

• Individual Exemptions – An individual exemption is an administrative exemption, which applies only to the specific person named or otherwise defined in the exemption, and allows such person to engage in a variety of transactions that would be otherwise prohibited.

• Exemption Procedures Under Federal Pension Law – This booklet provides information to employers, plan administrators and employee benefit practitioners about the basic requirements and procedures needed to apply for exemptions from the prohibited transaction rules of ERISA.

• Voluntary Fiduciary Correction Program (VFCP) – A voluntary compliance program intended to protect the financial security of workers through the identification and correction of transactions that violate Part 4 of Title I of ERISA.

• Strategic Enforcement Plan (STEP) – Explains the general framework through which EBSA's enforcement resources may be focused to achieve the agency's policy and operational objectives.

• The Enforcement Manual – A manual providing detailed information on procedures used by the EBSA Office of Enforcement in its investigative programs.

For Small Employers

• Choosing A Retirement Solution for Your Small Business video - The Choosing a Retirement Solution for Your Small Business video helps small employers and accountants understand the various options for providing a retirement program through four real-life experiences.
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• Choosing A Retirement Solution for Your Small Business – A pamphlet describing the retirement savings options available to small businesses. 

• 401(k) Plans For Small Businesses – This booklet highlights some of a 401(k) plan's advantages, some of the options and responsibilities of an employer operating a 401(k), and the differences among the types of 401(k) plans.

• Payroll Deduction IRAs For Small Businesses – Want to help your employees save for retirement but don’t want the responsibility of an employee benefit plan? Think about a payroll deduction IRA program.

• SEP Retirement Plans for Small Businesses – A booklet describing an easy low-cost retirement plan option for employers.

• SIMPLE IRA Plans for Small Businesses – A booklet describing an affordable way to offer retirement benefits through the SIMPLE Plan.

• Small Business Retirement Savings Advisor – This elaws Advisor provides answers to a variety of questions about retirement savings options for small business employers and determines which program is most appropriate for a business.

Voluntary Correction Programs

Voluntary Fiduciary Correction Program

The Voluntary Fiduciary Correction Program (VFCP) encourages voluntary compliance by self-correcting violations of the law. The program also helps plan officials understand the law and gives immediate relief from payment of excise taxes under a class exemption.

Highlights VFCP Online Calculator

The 2006 VFCP Update, published in the Federal Register on April 19, 2006, finalizes the revised VFCP. The 2006 VFCP was effective May 19, 2006.

An amended class exemption, published in the Federal Register on the same day as the 2006 VFCP Update, was also effective May 19, 2006.

• VFCP Online Calculator

• Federal Register Notice

• Class Exemption Amendment

• VFCP Fact Sheet

• VFCP FAQs

• Class Exemption FAQs

• VFCP Model Application Form

• VFCP Checklist

• Sample No Action Letter

Delinquent Filer Voluntary Compliance Program

The Delinquent Filer Voluntary Compliance Program (DFVCP) encourages voluntary compliance with ERISAs annual reporting requirements and gives delinquent plan administrators a way to avoid higher civil penalty assessments by satisfying the program’s requirements and voluntarily paying a reduced penalty.

Highlights DFVCP Penalty Calculator

• DFVCP Penalty Calculator

• DFVCP Fact Sheet

• DFVCP FAQs

• Federal Register Final Rule

Abandoned Plan Program

The Abandoned Plan Program facilitates the termination of, and distribution of benefits from, individual account pension plans that have been abandoned by their sponsoring employers.  The program was established pursuant to three final regulations and a related class exemption and is administered by EBSA national and regional offices.

Highlights Abandoned Plan Search

• Abandoned Plan Search – This search helps participants and others find out whether a plan is in the process of being, or has been, terminated and the name of the Qualified Termination Administrator (QTA) responsible for the termination.

• Federal Register Final Rule – This document contains three final regulations under ERISA that facilitate the termination of, and distribution of benefits from, individual account pension plans that have been abandoned by their sponsoring employers.

• Class Exemption – Class exemption for services provided in connection with the termination of abandoned individual account plans.

• Distributions for Missing Non-Spouse Beneficiaries Final Rule – This document contains an interim final rule amending regulations that provide guidance and a fiduciary safe harbor for the distribution of benefits on behalf of beneficiaries in terminated and abandoned individual account plans.

• Class Exemption – This document contains a proposed amendment to Prohibited Transaction Exemption 2006-06 for services provided in connection with the termination of abandoned individual account plans.

• Fact Sheet

• Model Notice of Intent to Terminate Plan – A qualified termination administrator may use this notice to inform a plan sponsor of a proposed termination, pursuant to § 2578.1(b)(5).

• Model Notice of Plan Abandonment and Intent to Serve as QTA – An entity may use this notice to inform EBSA that it elects to serve as a qualified termination administrator for a particular plan, pursuant to § 2578.1(c)(3).

• Model Notice of Plan Termination – A qualified termination administrator may use this notice to inform participants and beneficiaries of the termination, pursuant to § 2578.1(d)(2)(vi).

• Model Final Notice – A qualified termination administrator may use this notice to inform EBSA that the termination process has been completed and that all benefits have been distributed, pursuant to § 2578.1(d)(2)(ix).

• Special Terminal Report Instructions for Abandoned Plans – A qualified termination administrator must use these instructions to satisfy the reporting requirements set forth in § 2520.103-13.