EP Exam Projects - Risk Assessment Program - Results of Examinations of Form 5500 Money Purchase Plans with sponsors from the Other Services Industry
This is a summary of the examinations completed in the market segment made up of Money Purchase Plans sponsored by employers using the Other Services Industry business codes. It does not include those business codes under Religious, Grantmaking, Civic, Professional, and Similar Organizations. This market segment makes up 4/100 of 1% of the pension universe. As of April, 2012 we had examined over 250 Form 5500 filings.
The results indicated that there was a high degree of Noncompliance within this segment. There are two key areas to discuss in this article, plan sponsor business code analysis and the issues found. Each Industry (i.e., Other Services) has business codes based on the North American Industry Classification System (NAICS). This segment is made up of the 22 business codes used by businesses in the Services Industry. Approximately 82% of this segment’s plan sponsor’s business codes are from 5 of the 22 business codes. Based on our analysis it would appear that the Noncompliance is not limited to any specific business code within this market segment.
The most common failure involved minimum funding. Employers who sponsor Money Purchase Plans are required to make (or fund) contributions to or under the plan for the plan year which are required under the terms of the plan document. A failure to do so causes a funding deficiency which is initially subject to an Excise Tax equal to 10% of the deficiency. If not corrected, it can be subject to an Excise Tax equal to 100% of the deficiency.
Avoid the error by ensuring the parties responsible for calculating the amount of contributions, as well as those making the payment of the contributions, know the plan contribution language and payment dates and adhere to them. The plan could allow for use of forfeitures to reduce the amount of the sponsoring employer required contributions. Generally, the payments are due 8½ months after the end of the plan year.
The second most prevalent failure involves contribution allocation errors. This occurs when there is a failure to make the contribution required by the plan document formula (i.e., 10% of participant’s compensation). This could be for one participant or many participants. Reasons include an administrative error (not deposited timely) or due to negligence or oversight (wrong participant compensation used).
Avoid the error by knowing money purchase plans can have multiple types of contributions. All of these plans allocate employer contributions based on a specific formula. There could also be employee after tax (voluntary) contributions. The best way to avoid allocation problems is too make sure all the people responsible for the allocations know the correct and most current allocation formulas. They should also know the most current plan definition of compensation and ensure the plan operation uses the same definition. Finally, they must also know how forfeiture plan language reads and ensure it is consistent in operation.
The third most prevalent failure involves participation/coverage. Participation errors (See Internal Revenue Code 410(a)) occur when a plan does not bring an employee into the plan when the plan document states they should, or brings an employee into the plan contrary to the plan document (i.e., plan states a participant enters the plan after completing a year of service). Coverage errors occur when the plan does not “cover” (meaning they are a participant) a certain amount of employees as required by Internal Revenue Code Section 410(b).
Avoid the error The two most common errors are poor recordkeeping and lack of knowledge. Participation factors include an employee’s date of hire, the amount of service completed from the date of hire, and possibly the age of the employee. Records not properly maintained equate to plan errors. The best way to avoid participation problems is too make sure all the people responsible for administering plan participation know the correct and most current eligibility provisions in the plan.
In order to make sure your plan does not have errors in coverage it is essential that administrators have an in-depth knowledge of Internal Revenue Code Section 410(b) as this contains the coverage requirements every plan must meet. As part of this, they must also know exactly who is properly covered in the plan.
The final most common failure involved not timely amending the plan to comply with changes in current law and/or regulatory guidance. This failure specifically affects the qualified status of the plan, so care should be taken to ensure that timely amendments are made to ensure that the plan remains qualified.
Timely amending the plan includes the necessity to ensure the timely adoption of both interim and discretionary amendments, as well as for changes in law and regulatory guidance.
Not timely amending plan:
Discuss with your plan administrator or pension professional as to whether the plan is currently up to date with current law changes. Setting up operating procedures and appropriate internal controls for the plan is an important first step. Administrative problems cause a high percentage of pension plan errors. Many times there is a communication breakdown between attorneys, accountants, trustees, and employees helping administer the plan that can cause mistakes to be made. If you need help, a benefits professional can help you set up a system that works for you and your retirement plan.
If during a self-audit or other means, you discover that your plan was not timely amended to comply with the applicable laws and/or regulatory requirements, or where an operational review of your plan discloses other qualification failures, then you should consider availing yourself of our Employee Plans Compliance Resolution System (EPCRS). EPCRS is a comprehensive system of correction programs established by the IRS that enable sponsors of retirement plans that have experienced compliance violations to preserve the tax benefits of their plans.