PLAN SPONSOR | Q4 12
Strategic research report Enforcement Initiatives: What’s Ahead FROM THE IRS AND DOL and How You Can Prepare Scott Matheson, CFA®, CPA Senior Director, CAPTRUST Consulting Research Group
Phyllis Klein Senior Director, CAPTRUST Consulting Research Group
Trillions of dollars are stowed away in America’s retirement plans — more than $3 trillion in 401(k) plans alone.1 Most of that money consists of pre-tax contributions and tax-deferred earnings, which is a significant amount of deferred tax revenue. The Congressional Budget Office (CBO) estimates these deferrals will cost the federal government an average of $240 billion a year in lost revenue over the next 10 years. Given the aggregate savings in these plans and the tax implications of their deferrals, the Internal Revenue Service (IRS) clearly wants to ensure that the retirement plans that benefit from these incentives follow the tax-qualification rules, such as passing certain compliance tests and meeting contribution and deduction limits. The Department of Labor (DOL) is also on the lookout, ensuring that plan sponsors meet their fiduciary responsibilities to manage the plan and plan assets properly in order to protect the interests of the employees who participate in these plans.
In This Issue Letter from the Editor
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Plan Sponsor Highlights
5
Investment Strategy
15
Index Returns
19
Investment Asset Classes
20
CAPTRUST News
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In this article, we highlight some of the current IRS and DOL enforcement initiatives and identify steps plan sponsors can take to assess their plan’s “compliance health.” We also provide references to a number of helpful resources. Plan sponsors who proactively invest time to self-audit their plans will be in the best position to ensure their plans meet business objectives and provide their employees opportunities to save for a financially secure retirement. IRS Enforcement Initiatives The IRS has an aggressive enforcement strategy aimed at identifying and correcting noncompliant plans. If a plan is not in compliance, the IRS’s primary goal is for the plan sponsor to make the necessary changes to bring the plan back into compliance. However, the IRS also has the authority to assess penalties, taxes, and interest charges, and even to invoke plan disqualification. The IRS Employee Plans Examinations (EP Examinations) group oversees compliance with the retirement plan provisions of the Internal Revenue Code. In addition to enforcing the rules, EP Examinations publishes a number of resources — ranging from descriptions of current examination projects to compliance trend data to help with 5500s — on the IRS website continued on page 3