Strategies and insights from Groom experts on benefits and retirement-related audits, investigations, and other enforcement action.
Trends indicate that audits are continuing to happen at a greater frequency and to companies of all sizes, so a clear understanding of the process, from start to finish, is key.
Throughout this page and on an ongoing basis, we will be providing tools and information that may be helpful to organizations to lessen the impact of an audit, investigation or enforcement action initiated by the Department of Labor (“DOL”), Internal Revenue Service (“IRS”), Pension Benefit Guaranty Corporation (“PBGC”), Health and Human Services (“HHS”), Centers for Medicare & Medicaid Services (“CMS”), and other federal and state agencies.
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Past Events
Groom Webinar: Navigating Department of Labor Investigations of ESOPs (December 15, 2021)
The DOL routinely opens investigations concerning employee stock ownership plans or “ESOPs” and ESOP service providers, such as trustees or other plan fiduciaries or service providers, in order to determine whether any person “has violated or is about to violate” ERISA. As discussed in-depth in this webinar, understanding the process undertaken by DOL in conducting its agency investigations can go a long way towards managing the process and outcomes.
Click here to request a recording of this webinar.
Groom Webinar: Investigations & Enforcement – Hot Health Plan Issues (December 8, 2021)
Through their authority to conduct audits on group health plans, the DOL sets specific priorities and identifies certain areas of focus to evaluate compliance. For health plans, the DOL has been very active in investigations for a number of issues under ERISA, including the Affordable Care Act, the Mental Health Parity and Addiction Equity Act, and the CARES Act.
Click here to request a recording of this webinar.
Groom Webinar: Book of Business Audits – Navigating DOL Service Provider Investigations (November 10, 2021)
DOL has begun routinely investigating health and retirement plan service providers in “book of business audits” that can involve hundreds if not thousands of plans. These investigations originally targeted plan fiduciaries (e.g., trustees, investment managers and plan administrators) but now frequently involve non-fiduciary providers, including recordkeepers. This webinar covered a discussion of the issues unique to book of business audits such as the production of sensitive information (e.g., business agreements, insurance policies, client and participant data), DOL’s use of sub-regulatory guidance, and client/customer relations.
Click here to request a recording of this webinar.
Groom Webinar: Investigations & Enforcement – Processes, Procedures, Policies & Proper Practices (October 26, 2021)
Through their authority to conduct audits, the IRS, DOL, the PBGC, HHS, CMS, and other federal and state agencies that regulate benefit plans set specific priorities and identify certain areas of focus to evaluate compliance. However, as demonstrated by recent heightened activity, investigations and enforcement actions can be triggered for a variety of reasons and in a number of ways, presenting a host of challenges for plan sponsors, fiduciaries, service providers and other professionals on how to handle.
Click here to request a recording of this webinar.