FAQ
Frequently asked questions
Our plan has 120 eligible employees but only 90 have balances. Do we need an audit?
Probably not. For plan years beginning in 2023 and later, the count is generally participants with account balances at the start of the plan year, not everyone who is eligible. A plan with 90 funded accounts usually files as a small plan without an audit. Requirements depend on each plan's facts, and the 80 to 120 participant rule can also matter, so we check your Form 5500 history before you decide.
When is the audit report due?
It is attached to Form 5500, which is due July 31 for calendar-year plans. Filing Form 5558 extends the deadline to October 15. The audit needs data from your payroll provider, recordkeeper and TPA, so starting in the spring gives everyone time and avoids a scramble at the extended deadline.
What is an ERISA Section 103(a)(3)(C) audit?
It is an audit in which certain investment information, certified by a qualified bank or insurance company, is not audited again. It can reduce work on investments, though the auditor still tests contributions, distributions, loans and participant data. Whether it is available depends on your custodian and the certification it provides.
What problems do plan audits commonly find?
Late deposits of employee deferrals, using the wrong definition of compensation for contributions, missed enrollments, and loans or distributions that do not follow the plan document. Most come from handoffs between payroll, HR and the recordkeeper. We explain any finding in plain English and walk you through the correction options, while the decisions stay with the plan sponsor.
What happens if the audit finds late deferral deposits?
We report the finding and explain the correction options generally available, such as depositing lost earnings and, where appropriate, using the Department of Labor's voluntary correction program. The plan sponsor decides how to correct. Fixing the payroll process that caused the delay matters just as much, so it does not happen again next year.