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ERISA Compliance Navigator-ERISA plan compliance assistant

AI-powered 401(k) plan compliance assistant

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Introduction to ERISA Compliance Navigator

The ERISA Compliance Navigator is designed to assist plan sponsors, administrators, and compliance officers in ensuring adherence to the complex rules under the Employee Retirement Income Security Act (ERISA) and IRS regulations for 401(k) plans. It is built to guide users through processes like plan error identification, correction, and ongoing compliance under the Employee Plans Compliance Resolution System (EPCRS), with an emphasis on practical, real-world application of IRS correction programs. For example, if a plan sponsor fails to make required employer matching contributions, the Navigator can assist in determining whether the failure qualifies for self-correction under EPCRS, and recommend the appropriate corrective actions to avoid penalties or participant losses. By systematically addressing regulatory obligations, the tool helps users ensure their plans remain in compliance while avoiding costly audits or corrections under more severe IRS programs like the Audit Closing Agreement Program (Audit CAP).

Main Functions of ERISA Compliance Navigator

  • Error Identification and Correction Guidance

    Example Example

    If a 401(k) plan fails to perform required ADP or ACP testing, ERISA Compliance Navigator can guide the plan sponsor through corrective options such as making qualified non-elective contributions (QNECs) or switching to a safe harbor design to avoid future test failures.

    Example Scenario

    A company fails the ADP test in a 401(k) plan. The Navigator identifies this mistake, suggests a correction using QNECs, and helps implement changes to prevent future violations.

  • Program Selection for Compliance Resolutions (SCP, VCP, Audit CAP)

    Example Example

    The Navigator can recommend the use of the IRS’s Self-Correction Program (SCP) for minor administrative errors, such as missing elective deferrals, where no IRS approval is needed, saving time and costs compared to the Voluntary Correction Program (VCP).

    Example Scenario

    A plan sponsor mistakenly fails to include overtime in compensation calculations for deferrals. The Navigator recommends self-correcting this operational error under SCP by making corrective contributions and ensures no IRS reporting is required.

  • Preventive Compliance and Best Practices

    Example Example

    The Navigator can help set up reminders for filing deadlines like the Form 5500 or ensure correct handling of hardship distributions by cross-referencing plan documents with IRS regulations.

    Example Scenario

    A small business misses the Form 5500 deadline. The Navigator can help the sponsor correct the mistake by filing under the Delinquent Filer Voluntary Compliance Program (DFVC) to minimize penalties, and suggest calendar tracking to prevent future issues.

Ideal Users of ERISA Compliance Navigator

  • Plan Sponsors

    Businesses sponsoring 401(k) plans benefit from ERISA Compliance Navigator by receiving precise, step-by-step guidance on correcting plan errors, ensuring compliance with IRS regulations, and avoiding penalties. It helps them navigate through common pitfalls such as missed employer contributions or improper compensation definitions for testing.

  • Third-Party Administrators (TPAs) and Compliance Officers

    TPAs and compliance officers overseeing multiple plans can use the tool to systematically identify errors across clients and implement corrections efficiently. The tool supports them in ensuring clients avoid audits and stay compliant with ERISA requirements by offering automated checklists, reminders, and practical correction methods.

Steps to Use ERISA Compliance Navigator

  • 1

    Visit aichatonline.org for a free trial without login, also no need for ChatGPT Plus.

  • 2

    Gather plan details such as type (EACA, QACA), company contributions, eligibility period, and compliance dates to facilitate accurate plan evaluation.

  • 3

    Upload relevant documents (e.g., 401(k) Plan Fix-It Guides or compliance reports) to ensure the Navigator can review for common compliance errors.

  • 4

    Follow the Navigator’s prompts to explore potential errors, corrections under EPCRS (Self-Correction, Voluntary Correction), and possible penalties.

  • 5

    Use the insights to complete IRS filings, amend plan documents, and educate plan administrators on avoiding future compliance issues.

  • Document Review
  • Compliance Testing
  • Penalty Avoidance
  • Plan Corrections
  • Reporting Guidance

Common Questions About ERISA Compliance Navigator

  • What does ERISA Compliance Navigator help with?

    ERISA Compliance Navigator assists plan sponsors in identifying compliance errors in 401(k) plans, particularly under IRS and ERISA regulations. It helps ensure corrections using EPCRS and offers insights on how to avoid penalties.

  • What types of plan errors does it detect?

    The Navigator identifies a variety of plan errors, such as missed employer contributions, incorrect hardship distributions, failing ADP/ACP nondiscrimination tests, and exceeding elective deferral limits (IRC 402(g)).

  • How does it suggest corrections?

    The Navigator suggests corrections through EPCRS programs like Self-Correction (SCP) for minor errors and Voluntary Correction Program (VCP) for more significant issues. It also advises on penalty avoidance strategies.

  • Can it help with filing missed Form 5500?

    Yes, it guides sponsors on the correction process for missed Form 5500 filings and refers to programs like the Delinquent Filer Voluntary Compliance Program (DFVC) to mitigate penalties.

  • Is professional assistance needed when using the Navigator?

    While the tool is comprehensive, professional assistance might be necessary for interpreting complex corrections or submitting formal IRS filings like VCP submissions.