Compliance Assistance

Laws, Regulations And Guidance

• Statutes (United States Code)

• Executive Orders

• Code of Federal Regulations

• Unified Agenda of Federal Regulations

• Federal Register Documents

• Amicus Briefs Under ERISA

• Enforcement Manual

• Frequently Asked Questions

Exemptions

• Granted Class Exemptions

• EXPRO Exemptions

• Individual Exemptions

Interpretations

• Advisory Opinions

• Information Letters

• Technical Releases

• Field Assistance Bulletins

Synopsis Of The Law

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for pension plans in private industry.

For example, if your employer maintains a pension plan, ERISA specifies when you must be allowed to become a participant, how long you have to work before you have a non-forfeitable interest in your pension, how long you can be away from your job before it might affect your benefits, and whether your spouse has a right to part of your pension in the event of your death.  Most of the provisions of ERISA are effective for plan years beginning or after January 1, 1975.

ERISA does not require any employer to establish a pension plan. It only requires that those who establish plans must meet certain minimum standards. The law generally does not specify how much money a participant must be paid as a benefit.

EBSA's compliance assistance information will assist employers and employee benefit plan officials in understanding and complying with the requirements of ERISA as it applies to the administration of employee pension and welfare benefit plans.

Compliance Assistance For Health Plans

• Model General Notice • Model Election Notice - Final regulations on the COBRA notice provisions of Part 6 of Title I of ERISA were published in the Federal Register on May 26, 2004.

• The Form M-1 Online Filing System is an electronic filing system for the Form M-1 annual report for multiple employer welfare arrangements.  The system allows filers to complete the form and submit it at no cost.  This system is an example of an E-Government initiative which uses improved technology to make it easier for citizens and businesses to interact with the government.

• Form M-1 Annual Report - This form is required to be filed under section 101(g) and section 734 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and 29 CFR 2520.101-2.

• Reporting And Disclosure Guide For Employee Benefit Plans - A quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• Health Benefits Education for Small Businesses - Tips that employers can use to help ensure that employees have the health care coverage they need.

• Benefit Claims Procedure Regulation Frequently Asked Questions - Provides guidance on the final regulation on employee benefit plans procedures for handling health benefit claims and appeals.

• Health Benefits Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) - This booklet provides a general explanation of COBRA requirements, outlines the rules that apply to health plans for employees in the private sector, and spotlights your rights to benefits under the law.

• COBRA Continuation Health Coverage Frequently Asked Questions - FAQs provide a general explanation of COBRA requirements, outline the rules that apply to health plans for employees in the private sector, and spotlight benefits under the law.

• Notice of Changes under HIPAA to COBRA Continuation Coverage under Group Health Plans - Provides information to employers and operators of private-sector health plans about new requirements to notify workers of new changes in their continuation health benefit coverage, as required by HIPAA.

• HIPAA Nondiscrimination Requirements Frequently Asked Questions - Frequently asked questions on final/interim regulations and proposed regulations issued on the nondiscrimination provisions under HIPAA.

• Recent Changes in Health Care Law Q&As - This booklet provides an overview of recent changes in federal law that can affect the health benefits of millions of working Americans and their families.

• HIPAA Frequently Asked Questions - The Health Insurance Portability and Accountability Act of 1996 (HIPAA), amended the Employee Retirement Income Security Act to provide new rights and protections for participants and beneficiaries in group health plans.

• Multiple Employer Welfare Arrangements Under ERISA (MEWA) - A booklet addressing many questions concerning the effect of ERISA on federal and state regulation of MEWAs.

• Women's Health and Cancer Rights Act of 1998 - FAQs about the Women’s Health Act provisions that amend ERISA and Annual Notice Requirements Update.

Compliance Assistance For Retirement Plans

• Meeting Your Fiduciary Responsibilities - To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

• Selecting An Auditor For Your Employee Benefit Plan - Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• Statement of Assistant Secretary Ann L. Combs on the Duties of Fiduciaries in Light of Recent Mutual Fund Investigations - Addresses the obligations of fiduciaries to review mutual fund and pooled investment fund investments with respect to reported and potential late trading and market-timing abuses. Also provides examples of steps to deal with market-timing concerns within plans without losing the protections of section 404(c) of ERISA.

• Frequently Asked Questions on the Small Pension Plan Audit Waiver Regulation - FAQs on how to determine whether a small plan has met the conditions for the audit waiver requirements under the amended regulation.

• Reporting And Disclosure Guide For Employee Benefit Plans - A quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• A Look at 401(k) Fees For Employers - A pamphlet that provides helpful tips on what employers should consider in selecting a 401(k) plan service provider.

• 401(k) Plan Fees Disclosure Tool - A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.

• Pension Plans and ERISA - FAQs that describe the provisions of the federal pension law.

• Cash Balance Pension Plans Frequently Asked Questions - FAQs that describe basic information about cash balance plans.

• QDRO's - An Overview - QDRO's are domestic relations orders that recognize the existence of an alternate payee's right to receive benefits payable to a participant under a pension plan.

• Determining Qualified Status and Paying Benefits - Outlines a plan administrator's duties, requirements for qualification for QDRO's.

• Drafting QDRO's - Outlines the procedure for dividing pension benefits, defines survivor benefits, and explains the form of payment for QDRO's.

• Employee Plans News - A publication of the Employee Plans office of the Tax Exempt and Government Entities Operating Division of the IRS.  This quarterly newsletter provides information about current developments and upcoming events within the retirement plans arena.

Compliance Assistance For 401(k) Plans

• Meeting Your Fiduciary Responsibilities - To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

• Understanding Retirement Plan Fees And Expenses - This booklet will help retirement plan sponsors better understand and evaluate their plan's fees and expenses.  While the focus is on fees and expenses involved with 401(k) plans, many of the principles discussed in the booklet also will have application to all types of retirement plans.

• 401(k) Plan Fee Disclosure Tool - A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.

• Selecting An Auditor For Your Employee Benefit Plan - Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• Reporting and Disclosure Guide for Employee Benefit Plans - This guide is intended to be used as a quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• 401(k) Plans For Small Businesses - This booklet highlights some of a 401(k) plan's advantages, some of the options and responsibilities of an employer operating a 401(k), and the differences among the types of 401(k) plans.

• 401(k) Plan Fees Disclosure Tool - A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.

• Pension Plans and ERISA - FAQs that describe the provisions of the federal pension law.

• Frequently Asked Questions on the Small Pension Plan Audit Waiver Regulation - FAQs on how to determine whether a small plan has met the conditions for the audit waiver requirements under the amended regulation.

• Exemption Procedures Under Federal Pension Law

• EXPRO Exemptions Under Prohibited Transaction Exemption 96-62

• Individual Exemptions Under Title I of ERISA

• DFVC Fact Sheet • Frequently Asked Questions • Federal Register Final Rule

• VFCP Fact Sheet • FAQs • FR Notice • Class Exemption • Class Exemption FAQs
  Application Checklist • Sample No Action Letter

• Employee Plans News - A publication of the Employee Plans office of the Tax Exempt and Government Entities Operating Division of the IRS.  This quarterly newsletter provides information about current developments and upcoming events within the retirement plans arena.

Reporting And Filing Compliance Assistance

• Reporting Delinquent Participant Contributions on the Form 5500 - FAQs that provide guidance to plan administrators and accountants on complying with the requirements of the 2003 Form 5500 for reporting delinquent participant contributions.

• Form 5500 Filing Tips for Pension Plans, Welfare Plans and Direct Filing Entities - Practical, common sense tips for some of the most frequently occurring Form 5500 filing problems.

• Reporting And Disclosure Guide For Employee Benefit Plans - A quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• EFAST Automated 5500 Forms Processing - Information about the computerized system that streamlines filing and processing of Form 5500.

• EFAST Frequently Asked Questions - FAQs that describe the computerized system for the electronic filing of plan annual reports.

• Troubleshooter's Guide to Filing the ERISA Annual Report Form 5500 [Pt 1 | Pt 2] - A guide that assists filers in preparing the Form 5500 with a focus on the changes in reporting under the new EFAST process.

• Delinquent Filer Voluntary Compliance Program (DFVCP) - Description of a program that reduces the monetary penalties for employee benefit plan administrators to encourage voluntary compliance.

• Delinquent Filer Voluntary Compliance Program (DFVCP) Frequently Asked Questions - FAQs that explain the program that is designed to encourage voluntary compliance with the annual reporting requirements under the Employee Retirement Income Security Act.

• ERISA Filing Acceptance System (EFAST) - FAQs to assist with the computerized processing system that is designed to simplify and expedite the receipt and processing of the Form 5500 and Form 5500-EZ.

• EFAST A - Users' Guide for Electronic/Magnetic Media Filing of Forms 5500 and 5500 EZ

• EFAST B - Part 1 - Electronic/Magnetic Media File Specifications for Validation Criteria for Forms 5500 and 5500 EZ

• EFAST B - Part 2 - Electronic/Magnetic Media File Specifications for Validation Criteria for Forms 5500 and 5500 EZ

• EFAST C - EFAST Participant Acceptance Testing Procedures

• ERISA Reporting Forms 5500/5500 EZ - The Form 5500 Series is part of ERISA's reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in accordance with prescribed standards.

General Fiduciary Compliance Assistance

• Meeting Your Fiduciary Responsibilities - To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

• Understanding Retirement Plan Fees And Expenses - This booklet will help retirement plan sponsors better understand and evaluate their plan's fees and expenses.  While the focus is on fees and expenses involved with 401(k) plans, many of the principles discussed in the booklet also will have application to all types of retirement plans.

• 401(k) Plan Fee Disclosure Tool - A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.

• Selecting An Auditor For Your Employee Benefit Plan - Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

• Reporting and Disclosure Guide for Employee Benefit Plans - This guide is intended to be used as a quick reference tool for certain basic reporting and disclosure requirements under ERISA.

• Statement of Assistant Secretary Ann L. Combs on the Duties of Fiduciaries in Light of Recent Mutual Fund Investigations - Addresses the obligations of fiduciaries to review mutual fund and pooled investment fund investments with respect to reported and potential late trading and market-timing abuses. Also provides examples of steps to deal with market-timing concerns within plans without losing the protections of section 404(c) of ERISA.

• ERISA Advisory Opinions - The policies, regulations, opinions, and interpretation regarding the fiduciary, reporting, disclosure, and coverage provisions of ERISA.

• ERISA Procedure 76-1: Filing Requests for Advisory Opinions/Information Letters - This ERISA procedure describes the general procedures of the department in issuing information letters and advisory opinions under the Act.

• Class Exemptions - A class exemption is an administrative "blanket" exemption, which permits a person to engage in a similar transaction or a series of similar transactions with plan in accordance with the terms and conditions of the class exemption, without requiring the person to obtain an individual exemption.

• EXPRO Exemptions - PTE 96-62 currently requires that applicants demonstrate that their proposed transactions are substantially similar to transactions in at least two exemptions previously granted by the department within five years of their submission.

• Individual Exemptions - An individual exemption is an administrative exemption, which applies only to the specific person named or otherwise defined in the exemption, and allows such person to engage in a variety of transactions that would be otherwise prohibited.

• Exemption Procedures Under Federal Pension Law - This booklet provides information to employers, plan administrators and employee benefit practitioners about the basic requirements and procedures needed to apply for exemptions from the prohibited transaction rules of ERISA.

• Voluntary Fiduciary Correction Program (VFCP) - A voluntary compliance program intended to protect the financial security of workers through the identification and correction of transactions that violate Part 4 of Title I of ERISA.

• VFCP Frequently Asked Questions | Class Exemption FAQs - FAQs that explain the program that is is designed to encourage employers to voluntarily comply with the Employee Retirement Income Security Act by self-correcting certain violations of the law.

• VFCP Checklist - Use this checklist to ensure that you are submitting a complete VFCP application.

• VFCP Sample No Action Letter - A sample letter from EBSA to applicant upon correction pursuant to the VFCP.

• Strategic Enforcement Plan (STEP) - Explains the general framework through which EBSA's enforcement resources may be focused to achieve the agency's policy and operational objectives.

• The Enforcement Manual - A manual providing detailed information on procedures used by the EBSA Office of Enforcement in its investigative programs.

Compliance Assistance For Small Employers

• 401(k) Plans For Small Businesses - This booklet highlights some of a 401(k) plan's advantages, some of the options and responsibilities of an employer operating a 401(k), and the differences among the types of 401(k) plans.

• Small Business Retirement Savings Advisor - This elaws Advisor provides answers to a variety of questions about retirement savings options for small business employers and determines which program is most appropriate for a business.

• Select a Retirement Plan - With the helpful tools and straightforward facts you'll find on this site, along with an interactive Select a Plan section, choosing and implementing the right retirement plan is easier than you might think.

• Choosing A Retirement Solution for Your Small Business - A pamphlet describing the retirement savings options available to small businesses.

• Simplified Employee Pensions (SEPs) - A booklet describing an easy low-cost retirement plan option for employers.

• Savings Incentive Match Plan for Employees of Small Employers (SIMPLEs) - A booklet describing an affordable way to offer retirement benefits through the SIMPLE Plan.

Voluntary Correction Programs

• Delinquent Filer Voluntary Compliance Program - The DFVC encourages voluntary compliance with ERISAs annual reporting requirements and gives delinquent plan administrators a way to avoid higher civil penalty assessments by satisfying the program’s requirements and voluntarily paying a reduced penalty.
  DFVC Fact Sheet • FAQs • FR Final Rule

• Voluntary Fiduciary Correction Program - The VFCP encourages voluntary compliance by self-correcting violations of the law. The program also helps plan officials understand the law and gives immediate relief from payment of excise taxes under a class exemption.
  VFCP Fact Sheet • FAQs • FR Notice • Class Exemption • Class Exemption FAQs
  Application Checklist • No Action Letter

• Order a CD-Rom with information about the retirement correction programs of EBSA, the IRS and the PBGC.