QUALIFIED RETIREMENT PLAN
COMPLIANCE CHECKLIST
Documents
Plan Document
Type
of plan - if ESOP, target benefit, cash balance, cross tested or
age weighted plan, special compliance rules will apply
GUST
amendment?
Determination
letter/filing?
Trust Agreement
Updated
for current trustees and funding arrangement?
Summary Plan Description
Readable?
Current?
Suitable
disclaimers?
Summary
of Material Modifications required for plan changes?
Forms
Enrollment
Joint
and survivor - applicable?
!Preretirement
notice and election notice
!Waiver
and spousal consent
Distribution
!Lump
sum consent by participant
QDRO
Procedure
Loan
Procedure (if applicable)
Participant
benefit statements
Operations
Plan status --
terminated or "frozen"?
Identify any control
group/affiliated service group members
Identify all qualified
retirement plans
Collectively bargained
(union) plan?
Proper admission of
eligible employees?
Contributions
!Permitted
disparity (integration)?
!$150,000
(indexed) compensation limit
!415
limits
!Allocation
per plan formula
!Substantial,
recurring contributions to profit
sharing
plans?
Coverage/participation
!401(a)(26)
(defined benefit only)
!410(b)
!Separate
line of business?
Top-heavy
!Identify
key employees
!Apply
60% test including distributions to key
employees
for past 5 years
!Minimum
benefits
!Minimum
vesting
Section 401(k)
anti-discrimination testing (if applicable)
Section 401(m)
anti-discrimination testing (if applicable)
Compensation
discrimination testing (if applicable)
Suspension of benefits
for reemployed participants (if applicable)
PBGC
Annual Filing and Actuarial Reports (defined benefit only)
Participant
Loans (if applicable)
Repayment history
Documentation of loans
Interest rate
Term
Amortization
Quarterly payments
Assignment of 2 of account
Trustee
Matters
Investment
practices/procedures
Documented trustee
meetings?
Written allocation of
duties to investment advisors?
Reporting and
Disclosure
Annual Reports
Summary Annual Reports
Audit required (over
100 participants)?
Real estate or limited
partnership investments?
ERISA bond?
Prohibited
Transactions
Identify parties in
interest
Review any plan
transactions involving parties in interest
Plan
Compliance Procedure
Master or Prototype
plan?
Who is to prepare
future plan amendments?
Section
404(c) Compliance for Participant Directed Investments (if
applicable)
Government
Audit History
Recent IRS/DOL audits?
Follow up on known
compliance issues
Obtain "close
out" letter for audits during the year
Any pending disputes over
benefits?
Andrew
S. Williams
Aronberg Goldgehn Davis & Garmisa
330 North Wabash Ave
Suite 1700
Chicago, Illinois 60611
312/755-3145
awilliams@agdglaw.com
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