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OUR DIFFERENCE. YOUR ADVANTAGE.
SAVE TIME, MONEY, HEADACHES, AND RISK
Pete Swisher, CFP©, CPC, TGPCSenior Vice President,Pentegra Retirement Services
A New Way to Look at your Retirement Plan
50 CHORES• Overall operational compliance• Document compliance, mandatory interim
amendments, restatements• Form 5500• Audit• New hire processing• ERISA bond• ACA (automatic enrollment) administration• ACI (automatic contribution increases)
administration• Default investment administration• Determination of vesting and amount of
distribution• ERISA section 105 employee benefit
statements• Reasonableness of fees• Prudent selection and monitoring of service
providers• Benefit determinations and disputes• Administration of beneficiary rules• Worker classification• Nondiscrimination testing• Summary Annual Report (SAR)• Definition of compensation• Allocation of unallocated monies by plan year-
end• IRC section 72(p) loan administration• Contribution calculations and limitations• Protected benefits• Acceptance or rejection of rollovers or
transfers• Annual notices
• Segregation of assets by source• Coverage testing and corrections• Involuntary distributions• Episodic notices• Distributions• Hardship distributions• Qualified Domestic Relations Orders (QDRO)• Lost/missing participants and unclaimed benefits• Grandfathered plan provisions• Plan termination and partial termination• Spousal consents• QJSA and QPSA• Summary Plan Descriptions and Summaries of
Material Modifications (SPD and SMM)• Timely remission of deferrals and loan repayments• Timeliness of other required contributions• Diversification requirements for plans with employer
securities• Blackout procedures• Defined benefit plan duties• Annual and quarterly fee disclosure (404a-5)• Fiduciary fee disclosure (408b-2)• Records retention under ERISA Sections 107 and 209• Responding to participant inquiries• Top-heavy minimum benefit• Overpayments• Personal liability under ERISA Section 409
STATISTICS AND SURPRISES
Over 25,000 DVFCP filings
10,002 Forms 5500 audited
5,973 VCP agreements
3,472 DOL civil investigations closed
75% resulted in payment
Average $397,000
255 cases referred for litigation by DOL, 75 convictions
8,860 ERISA lawsuits
Sources: 2011 data from IRS, DOL, and federal court system websites
THE IRS TOP TEN LIST
Failure to amend for tax law changes
Incorrect definition of compensation
Failure to include eligible employees or exclude ineligibles
Loan errors
Impermissible in-service withdrawals
Required Minimum Distribution errors
Employer eligibility failure
ADP/ACP failure not timely corrected
Failure to provide minimum top heavy benefit
Exceeding maximum contribution limits
From the IRS Website
OUR DIFFERENCE. YOUR ADVANTAGE.
THANK YOU!
Pete Swisher, CFP©, CPC, TGPCSenior Vice President,Pentegra Retirement [email protected]