Are You a Plan Fiduciary? You Could Be Personally Liable.

Thursday, February 2, 2012 by Dani Gisondo, CPA
Understanding who is a plan fiduciary may be more complex than expected. The Random House dictionary defines a fiduciary as “a person to whom property or power is entrusted for the benefit of another.” It is important to understand a fiduciary is determined either by being specifically named or appointed or unintentionally by the functions one performs.

A named fiduciary is someone specifically named in the plan document or appointed by the plan sponsor as being responsible for operating the...
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Are You a Plan Fiduciary? You Could Be Personally Liable.

Tuesday, November 15, 2011 by Dani Gisondo, CPA
Understanding who is a plan fiduciary may be more complex than expected. The Random House dictionary defines a fiduciary as “a person to whom property or power is entrusted for the benefit of another.” It is important to understand a fiduciary is determined either by being specifically named or appointed or unintentionally by the functions one performs.

A named fiduciary is someone specifically named in the plan document or appointed by the plan sponsor as being responsible for operating the...
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Employee Benefit Plan Commentator - Spring 2011

Wednesday, April 13, 2011 by Dani Gisondo, CPA
This quarterly Employee Benefit Plan Commentator includes the following articles:

Recent EBP Developments

Change and transparency are...

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Internal Revenue Service Announces Plan to Examine 401(k) Plans that Failed to Submit Questionnaire

Wednesday, March 30, 2011 by Dani Gisondo, CPA
In May 2010, the Service sent out letters and instructions to a random sample of 1,200 employers that sponsor 401(k) plans, asking them to complete a “401(k) Compliance Check Questionnaire.”  The Service said that the information gathered would provide a comprehensive view of 401(k) plans, and would help the Service maximize its resources for education, outreach, guidance, and enforcement efforts while minimizing the burden to compliant plan sponsors.  Recipients of the questionnaires were given...Read More >>

Employee Benefit Plan: Transitional Relief Available for 403(b) Plan Annual Reporting Requirements

Wednesday, November 17, 2010 by Dani Gisondo, CPA


If your organization utilizes a 403(b) benefit plan, you most likely know of the recent changes to the Form 5500 reporting and audit requirements.
  

After reviewing these changes, many plan administrators had expressed concern that the historical treatment of 403(b) plans as a collection of individual contracts with respect to which employees could engage in a series of actions without the involvement or consent of a plan administrator or employer could make it costly, and in some cases...

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IRS to Conduct a Random Sampling of 401(k) Plans

Monday, June 7, 2010 by Dani Gisondo, CPA

Details

The Internal Revenue Service has announced that its Employee Plans Compliance Unit (“EPCU”) will be mailing out a letter and instructions to a random sample of 1,200 employers that sponsor 401(k) plans asking them to complete a “401(k) Compliance Check Questionnaire.”

Background

The Service is well aware that 401(k) plans have far surpassed defined benefit plans as the preferred retirement vehicle for the majority of employers. A recent IRS Employee Plans Examination Study of 79 market...

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Frequently Asked Questions About Employee Benefit Plan Audits

Thursday, June 3, 2010 by Dani Gisondo, CPA
While most companies understand that an annual financial statement audit is required, many companies are surprised when they find out their employee benefit plans also need to be audited. Companies may not think they really need to pay attention to the audit requirement, but these types of audits are important, and are something the IRS and Department of Labor take very seriously.

This is the time of year when companies should start looking at whether or not their plans need an audit. From a...Read More >>

Retirement Plan Audit Update: February 2010

Friday, February 12, 2010 by Dani Gisondo, CPA

Click the links below for more information on each topic.

Recent Employee Benefit Plan Developments

Accounting, Auditing and Reporting Update

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Employee Benefit Plan Audits - 403(b) Plans Frequently Asked Questions

Thursday, January 21, 2010 by Dani Gisondo, CPA

Beginning with the 2009 Form 5500 filings (due in 2010), employee benefit plans that are qualified under section 403(b) of the Internal Revenue Code that are sponsored by charitable organizations and covered under the Employee Retirement Income Security Act of 1974 (ERISA) will be subject to the same reporting and audit requirements that currently exist for section 401(k) plans.

 

What does this mean for affected organizations? It most likely means that they face significant challenges with:

 

  • Establ...
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Employee Benefit Plan Audits: Questions to Consider

Monday, November 30, 2009 by Dani Gisondo, CPA

With the end of the year approaching many companies are asking questions related to their business, such as "How can we cut costs?" How can we save time?" and "How can we add value to our processes?" These same questions also apply to a company’s employee benefit plan. Many companies don’t take the time throughout the year to evaluate their plan and any changes that should be made to it. The end of the year is a great time to analyze the plan for any changes that can take place during the next...

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Employee Benefit Plan Audit: Retirement and Savings Initiatives

Friday, November 6, 2009 by Dani Gisondo, CPA

The Internal Revenue Service recently issued substantial guidance designed to boost retirement savings, including:

 

  • Changes to automatic retirement plan contributions;
  • Contributions of unused paid time off to be contributed to a retirement plan; and
  • A detailed explanation of tax-free rollover options.

 

The guidance is found in several rulings identified below. You can access the rulings by following this link.

 

Summary of Changes

 

1. Automatic Contribution Increases under Automatic...

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Form 5500 Now Required to be Submitted Electronically

Friday, September 18, 2009 by Dani Gisondo, CPA

The initial due date of the Form 5500 for calendar year end benefit plans is July 31, 2010, which is quickly approaching. Any benefit plan whose Form 5500 or annual audit is not completed by July 31, 2010 can file for an extension of time to file, which extends the calendar year end plan due date to October 15, 2010. The extension process remains the same as it has been in the past, however, there are some major changes to the actual filing of the Form 5500. 

 

As of January 2010, all Form...

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Employee Benefit Plan Audit: Form 5500 Reminder

Friday, September 18, 2009 by Dani Gisondo, CPA

This is a friendly reminder that any Form 5500 on extension needs to filed by October 15th. This applies to calendar year plans.

 

If your plan has more than 100 eligible employees, you may need to attach audited financial statements for the plan to the Form 5500.   

Looking for assistance with your benefit plan audit? Contact us at 440-449-6800 or visit our web site for more information.
 

Employee Benefit Plan Audits: Regulatory Developments

Wednesday, September 16, 2009 by Dani Gisondo, CPA

Suspension of Required Minimum Distribution Requirement 

One of the many provisions in the Worker, Retiree, and Employer Recovery Act, which was signed into effect in December 2008 by then President Bush, provided for a one-year suspension of the required minimum distribution ("RMD") payments for certain retirement plan accounts.

Under current law, the RMD rules provide that participants in "qualified plans" and individual retirement arrangements ("IRAs") are generally required to begin taking...

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Employee Benefit Plan Audit Update – Part 5

Thursday, June 25, 2009 by Dani Gisondo, CPA

This week is our final update in our series on the changing rules and regulations and their impact on employee benefit plan audits.

 

This week’s topic:

2009 Cost of Living Adjustments for Qualified Retirement Plans

The Internal Revenue Service announced cost-of-living adjustments applicable to dollar limitations for pension plans and other items for tax year 2009.

Click here for more of this article.

For more information on employee benefit plan audits, please leave a comment below, or contact Dani...

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Employee Benefit Plan Audit Update: Part 4

Tuesday, June 16, 2009 by Dani Gisondo, CPA

In a continuation of our benefit plan audit series, over the next few weeks, we’ll continue updating you on changing rules and regulations and their impact on employee benefit plan audits.

 

This week’s topic:

Guidance on ERISA's Fidelity Bonding Requirements

Have you ever wondered what the bonding requirements for your plan under ERISA are or the impact of the PPA on such requirements, or if your company's fiduciary liability insurance covers ERISA's bonding requirements (it may not)? Well, you are...

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Employee Benefit Plan Audit Update: Part 3

Friday, June 5, 2009 by Dani Gisondo, CPA

In a continuation of our benefit plan audit series, over the next few weeks, we’ll continue updating you on changing rules and regulations and their impact on employee benefit plan audits.

 

This week’s topic:

403(b) Plans

In November 2007, the DOL issued amendments to the Form 5500 - Annual Return/Report of Employee Benef it Plan - for the 2009 plan year. One of the changes eliminated the exemption granted to Internal Revenue Code ("IRC") §403(b) retirement plans of IRC §501(c)(3) organizations,...

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Employee Benefit Plan Audit Update: Part 2

Tuesday, May 26, 2009 by Dani Gisondo, CPA

In a continuation of benefit plan audit series, over the next few weeks, we’ll continue updating you on changing rules and regulations and their impact on employee benefit plan audits.

 

This week’s topic:

 

Fair Value Measurements

 

In September 2006, the Financial Accounting Standards Board ("FASB") issued Statement of Financial Accounting Standards No. 157, Fair Value Measurements ("FAS 157") to provide enhanced guidance for using fair value to measure assets and liabilities. FAS 157 is effective...

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Employee Benefit Plan Audit Update: Part 1

Tuesday, May 19, 2009 by Dani Gisondo, CPA

With the current difficult economic times and the changing rules and regulations from the Department of Labor ("DOL"), Internal Revenue Service ("IRS") and other regulators, it is essential that companies understand the impact on their benefit plans and their benefit plans’ audits. This is why, over the next few weeks, we’ll be updating you on changing rules and regulations and their impact on employee benefit plan audits.

 

This week’s topic:

 

New Temporary Pension Funding Relief

 

On December 23,...

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