August 22, 2017

August 22, 2017

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August 21, 2017

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It Just Got Easier to Fix Your Ailing Retirement Plan

Properly maintaining and administering a retirement plan is a difficult task for most employers.  Despite even extreme vigilance, things often go wrong.  The list of potential plan errors is endless, and plan sponsors face very hefty penalties if those errors are discovered during an IRS audit.  The good news is that plan sponsors may avoid those penalties by voluntarily correcting errors through the Employee Plans Compliance Resolution System (EPCRS).  And, even better, EPCRS just got broader, easier, and cheaper.

  • Broader: EPCRS was recently broadened for non-profit and governmental employers that sponsor Code Section 403(b) plans.  Sponsors of these plans may now correct a broader range of errors, including, for the first time, errors relating to the timing of amendments.  Additionally, EPCRS has been expanded on a trial basis for governmental entities that sponsor Code Section 457(b) plans.
  • Easier: The new iteration of EPCRS provides additional correction options and examples, clarifies the requirements for certain corrections, and overhauls the old submission forms.  All of these improvements make it easier to determine the appropriate correction and will reduce the time required to complete a submission.
  • Cheaper: Some errors, such as missing the deadline to adopt an amendment, require the plan sponsor to pay a fee to correct the error.  The updated EPCRS lowers the fee for certain corrections, and, most notably, provides a temporary 50% fee reduction for Code Section 403(b) plans that were not updated in 2009 to reflect new regulations.  Sponsors of these Code Section 403(b) plans must file an EPCRS submission by December 31, 2013 to take advantage of the reduced fee.

Correcting plan errors through EPCRS normally will be much cheaper than paying the penalty assessed for errors discovered during an IRS audit.  Therefore, it is in an employer’s best interest to carefully and routinely monitor its plan for errors and, when errors are discovered, to promptly correct those errors through the new and improved EPCRS.

© 2017 Poyner Spruill LLP. All rights reserved.


About this Author

Kelsey H. Mayo, Employee Benefits Attorney, Poyner Spruill Law Firm

Kelsey's practice is focused in the areas of Employee Benefits and Executive Compensation.  She has extensive experience working with governmental, non-profit, and for-profit employers on all aspects of qualified and non-qualified plans, welfare benefit plans, fringe benefit plans, and executive compensation plans.  She routinely represents clients before the Internal Revenue Service and Department of Labor in matters involving employee benefits.

Representative Experience

  • Assisting employers establish and maintain defined...

David L. Woodard, Employment Litigation Attorney, Poyner Spruill, Law firm

David practices in the area of employment litigation.  He regularly advises and defends clients in race, age, disability and sex discrimination and harassment cases; reviews handbooks and termination issues; and provides compliance advice on matters of employment law.

Representative Experience

McNeil v. Scotland County - Obtained summary judgment for employer where plaintiff alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act as well as violation of the Americans with Disabilities Act. Successfully defended the judgment in the Fourth Circuit Court of Appeals.

Williams v. City of Fayetteville - Obtained summary judgment on former employee’s claims of retaliation for exercising First Amendment rights, violations of due process, and intentional infliction of emotional distress.