Art of the Qualified Plan Audit

In Summary Understanding the True-Up: A true-up provision ensures employees receive the maximum potential employer match by looking at their total annual contributions against their total annual compensation. This contrasts with a per-paycheck match, which only looks at the contribution made from that specific paycheck. This feature is essential for employees who “front-load” their retirement … Continued

In Summary When Good Intentions Go Wrong: Employers who commit operational errors by authorizing 401(k) hardship distributions that were not permitted by the plan document’s provisions can utilize the IRS’s Employee Plan Compliance Resolution System (EPCRS) to resolve these compliance failures. Retroactive Amendments: When the unauthorized distributions could have been allowed under IRS rules (e.g., non-safe-harbor … Continued

In Summary A Warning Against Employer Discretion: “Bleeding-heart” plan sponsors are advised against approving non-safe harbor hardship distributions (like paying for weddings or maxed-out credit cards) on a case-by-case basis, as this discretionary approach risks discriminatory application and potential IRS penalties. The Plan Document Must Dictate Approvals: To remain compliant, any approved hardship reasons—especially non-safe … Continued

In Summary Defining Catch-Up Contributions Correctly: Catch-up contributions are specific amounts (e.g., $7,500 in 2024) that participants aged 50 and over can contribute only after they have first exceeded the standard elective deferral limit (e.g., $23,000 in 2024), a plan-imposed limit, or the ADP test limit. The Problem with Pro-Rata Payroll Coding: A common error … Continued

In Summary Keep in Mind: 403(b) eligibility and contribution rules (universal availability, OIAI, LTPT, post-severance contributions, ACP/ADP mechanics, and annual limits) determine who may defer and how much they — or the employer — can contribute. Auditors must verify the sponsoring organization’s tax-exempt status and obtain a valid, executed 403(b) plan document, including all necessary … Continued

In Summary SECURE 2.0 Expands Coverage: The SECURE 2.0 Act’s Long-Term Part-Time (LTPT) rules, effective for 403(b) plans as of January 1, 2023, require employers to permit employees to make elective deferrals if they work 500-999 hours annually for two consecutive years (starting with the 2023 plan year) and have reached age 21. Impact on … Continued

In Summary A Year of Service Is Negotiable, Not Literal: A “Year-of-Service” in retirement plans often does not equal 12 months, as employers can choose from various counting methods (Actual Hours, Elapsed Time, Equivalency) to define eligibility and vesting, essentially making a year “whatever the employer needs it to be.” Counting Methods: Different methods offer … Continued

In Summary Differences in Distribution Reporting: There are inconsistencies between GAAP and Form 5500 instructions, particularly concerning benefit distributions. Form 5500, Schedule H includes benefits payable (approved but unpaid claims) as a liability, while accrual basis GAAP financial statements generally report distributions when paid, aligning with Forms 1099-R. Treatment of Corrective Distributions Varies: Accounting for … Continued

In Summary Accrual Basis Plan Compensation vs. Corporate Accounting: Accrual basis compensation for a retirement plan doesn’t necessarily align with the employer’s accrual basis compensation on corporate books, as many plans link the contribution obligation to the actual issuance of paychecks (which corresponds to W-2 wages received), rather than the dates the wages were earned. … Continued

In Summary Audit Threshold Change: There was a 2023 change to the Form 5500 participant count rule, which now excludes eligible participants who do not have an account balance on the first day of the plan year from the audit-triggering count. Timing Discrepancies: Various scenarios—including plan mergers, trade date vs. settlement date differences, and spinoffs—create … Continued