Sure it’s the employer’s fault, but come on now

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Contact

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

With plan administration, there are so many mistakes that can be made and most of the time, it’s the fault of the plan sponsor and the third party administrator (TPA). However, there are many times were the error so explicit, that the TPA has no excuse to let things go without trying to let the plan sponsor that the bleeding needs to be stopped.

For example, not filing a Form 5500. How many plan sponsors don’t file a 5500, even if one might actually have been prepared by the TPA. Regardless of whether the TPA prepare it or not, they should be on notice if the plan sponsor fails to timely file the 5500.

Same can be said about late salary deferrals. If a 401(k) plan sponsor has gone a few months without deferral deposits, shouldn’t the TPA let the plan sponsor know? As Sarah Palin would say: “you betcha.”

Yes, it’s the plan sponsor’s fault, but a good TPA can’t just stand out there as an innocent bystander.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ary Rosenbaum - The Rosenbaum Law Firm P.C. | Attorney Advertising

Written by:

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Contact
more
less

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide