What is an ERISA Fiduciary Compliance Overview?

Did you know the Employee Benefits Security Administration (EBSA) is the Department of Labor agency that administers, regulates, and enforces Title I of ERISA?

In FY 2023, EBSA recovered $1.4 Billion Dollars from employers who were out of compliance with ERISA.

Additionally, in 2023 alone, they closed 196 criminal cases and indicted 60 individuals for crimes related to Employee Benefits Plans.

Fortunately, when the Department of Labor audits an ERISA Health & Welfare Plan or Retirement Plan, they take a specific set of steps to identify compliance errors.

You can be proactive now and conduct an ERISA Fiduciary Compliance Overview to mirror that process and get out in front of any potential problems that could result in fines & penalties if your business is targeted by the DOL.

How We Help

Our President, William Kropkof, was an Investigator for the Department of Labor for 7 years prior to becoming an ERISA Independent Fiduciary in 1995.

When conducting an ERISA Fiduciary Compliance Overview of your Plan, William uses the same audit checklist as the DOL does to find every potential compliance problem that would be detected if you get audited.

He follows a 3-step process:

  1. Conduct a document review of your Form 5500, Plan Document, other plan documents that could contain glaring compliance errors under ERISA.  (This will also include interviews with key staff to make sure they are performing their duties correctly under ERISA.)
  2. Write up a formal report that shows you exactly which compliance errors the DOL would find, and what potential penalties your company and fiduciaries could face if they are not corrected.
  3. Recommend corrective actions you can take to lower your risk of being audited or minimize findings if you are asked to turn over documents.

Identify Problems With Your Plan & Start Taking Corrective Action Now

Instead of waiting and wondering “what if” when it comes to potentially being audited by the DOL, it is best to be proactive and hire an ERISA Fiduciary Consultant to conduct a formal review of your Plan.

Doing so will not only protect you against potential fines & penalties for being out of compliance but also uncover any weak spots in your current plan strategy that might be stopping you from achieving your goals.

If you want to stay ahead of the curve and run a smart Plan, then book a free consultation with us to see if you can benefit from an ERISA Fiduciary Compliance Overview.