At any time, your organization may be selected for a U.S. Department of Labor (DOL) audit to make sure that your employee benefit plans are in compliance. The following steps traditionally occur during this process:
1. Plan is notified by letter
2. Employer Benefits Security Administration (EBSA) conducts an onsite investigation
3. EBSA investigator interviews
4. EBSA identifies potential ERISA violations
5. EBSA creates a settlement agreement
6. EBSA issues a closing letter following voluntary acceptance
When your organization receives the initial letter notifying that an investigation is underway, the EBSA will also request to look at your documents. Some of these documents may include:
- Insurance policies and riders
- Service provider agreements
- Summary plan descriptions
- Summaries of material modification
- Form 5500s for the last two or three plan years
- Plan financial statements
- Trustee and corporate minutes
- Summary of annual reports
- Participant records
Keeping track of all of the important documents you may need for an audit is crucial to being prepared. Make sure you keep documents in one place and update them in a timely manner.
AUI also has additional tools to help you better prepare for an audit. Please contact us here for more information.
Disclaimer: The intent of this analysis is to provide general information regarding the provisions of current healthcare reform legislation and regulation. It does not necessarily fully address all your organization’s specific issues. It should not be construed as, nor is it intended to provide, legal advice. Your organization’s general counsel or an attorney who specializes in this practice area should address questions regarding specific issues.