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New IRS Pre-Examination Retirement Plan Compliance Program: Correcting Errors, IRC Rules, Key Issues for Plan Sponsors

Note: CPE credit is not offered on this program

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Wednesday, August 31, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will provide employee benefits counsel, plan sponsors, and administrators guidance on the new IRS pre-examination retirement plan compliance program and procedures. The panel will discuss IRS self-correction rules and procedures, steps to take after receiving an IRS pre-examination notice, and navigating the requirements and functions under the new compliance program. The panel will also address fiduciary liability and risks from failing to correct plan errors and offer best practices to minimize IRS and DOL examinations and potential liability.

Description

The IRS commenced a new retirement plan compliance program and has begun issuing pre-examination notices to plan sponsors to allow them to address plan discrepancies. Counsel, plan sponsors, and administrators must understand how to respond to this IRS letter, the procedures involved, and take steps to ensure full compliance to avoid an IRS exam.

If a plan sponsor receives an IRS pre-examination notice, they have 90 days to respond. The notice allows a plan sponsor to perform a self-examination, including a compliance review of all plan documents and operations. If there is no response by the end of the 90-day period, the IRS will contact the plan sponsor to schedule their examination.

If the plan sponsor discovers errors after their review, they may rely on the correction principles in the Employee Plans Compliance Resolution System. Alternatively, a closing agreement and payment may be requested. Plan sponsors and their counsel must identify plan errors and respond appropriately to an IRS pre-examination notice.

Listen as our panel discusses IRS self-correction rules and procedures, the next steps after receiving an IRS pre-examination notice, and navigating the requirements and procedures under the new compliance program.

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Outline

  1. New IRS pre-examination program

  2. Recognizing and treatment of plan document errors

  3. Remedying compliance issues during the 90-day review period

  4. IRS action upon receiving the plan sponsor's response

  5. Maintaining effective administrative procedures and corrective actions

Benefits

The panel will discuss these and other key issues:

  • Overview of new IRS pre-examination program
  • Next steps after receiving IRS pre-examination notice
  • Recognizing plan document defects
  • Addressing and correcting areas of noncompliance during the 90-day review period
  • Potential IRS actions after plan sponsors conduct their review and respond to pre-examination notice
  • Minimizing audit risks

Faculty

Ashner, David
David Ashner
Attorney
Groom Law Group

Mr. Ashner’s practice covers a broad range of legal issues relating to benefit structures, tax qualification...  |  Read More

Dold, Elizabeth
Elizabeth Thomas Dold
Principal
Groom Law Group

Ms. Dold's client work includes all tax aspects related to employee benefits including IRS filings and audits,...  |  Read More

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