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
One IBM Plaza, Suite 3000
Chicago, Illinois 60611
312/755-3145
awilliams@agdglaw.com
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