Employee Benefit Plans and Business Sense

The Legal Podcast Network (LPN)

Attorneys Doll Lank and Kathleen Bass of KLB Benefits Law Group break down the critical role employee benefits attorneys play in helping employers and plan sponsors correct compliance mistakes. They reveal the most common errors, including payroll and missed deferral issues, and emphasize why retaining plan documents is essential for audit defense.

  1. Oct 29

    Payroll Operations Can Derail the Compliance of Your Benefits Plans

    Episode Summary:  In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass  from KLB Benefits Law Group delve into the intricate relationship between payroll operations and employee benefit plans. Joined by Lisa Mosbey, they explore how payroll affects compliance in cafeteria and retirement plans, highlighting the importance of accurate payroll systems.  The discussion covers the technical aspects of payroll management, the impact of payroll on cafeteria and 401(k) plans, and the steps employers can take to correct and prevent payroll-related compliance issues. Listeners will gain valuable insights into self-auditing payroll processes, ensuring proper documentation, and understanding plan provisions to avoid costly errors. Key Timestamps: 00:01 – Introduction 00:35 – Importance of Payroll in Benefit Plans 01:50 – Types of Benefits Affected by Payroll 02:29 – Payroll's Impact on Cafeteria Plans 04:45 – Correcting Payroll Errors in Cafeteria Plans 05:29 – Payroll's Role in Retirement Plans 08:09 – Fixing Payroll Errors in Retirement Plans 09:36 – Preventing Payroll Problems 11:22 – Employee Monitoring of Payroll Changes 13:16 – Importance of Plan Documentation 16:44 – Legal Changes and Payroll Integration 18:41 – Conclusion and Key Takeaways About the Show:  Employee Benefit Plans and Business Sense is a podcast designed for employers and benefit plan service providers navigating the complex world of employee benefit plans. Hosted by Doll Lank and Kathleen Salas Bass, the show offers expert guidance on compliance matters, corrections, and audits related to employee benefits law. With a focus on clarity and actionable advice, the series aims to help listeners understand and manage the legal intricacies of benefit plans, ensuring smooth operations and compliance. Visit More: https://klblawgroup.com

    Payroll Operations Can Derail the Compliance of Your Benefits Plans
  2. Oct 15

    Where Are Your Plan Documents?

    Episode Summary: In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass from KLB Benefits Law Group discuss the intricacies of retirement plan documents. Kathleen leads the conversation, explaining the importance of maintaining accurate and signed plan documents, the differences between plan documents and summary plan descriptions (SPDs), and the potential consequences of missing documentation. Listeners will gain insights into the responsibilities of employers in managing these documents, the role of third-party administrators, and the legal implications of non-compliance. This episode is crucial for employers and HR professionals seeking to ensure their retirement plans are compliant and effectively managed. Key Timestamps: 00:01 – Introduction 01:05 – Defining Plan Documents 02:14 – Importance of the Base Plan Document 03:21 – Difference Between Plan Documents and SPDs 05:00 – Why Employers Need Current Plan Documents 06:08 – Importance of Historical Plan Documents 07:36 – Responsibility for Keeping Track of Plan Documents 09:46 – Record Retention Requirements 11:03 – Importance of Signed Plan Documents 12:32 – Consequences of Missing Signed Copies 14:11 – IRS Correction Procedures 15:01 – Problems from Missing Plan Documents 16:39 – Tips for Organizing Retirement Documents About the Show: Employee Benefit Plans and Business Sense is a podcast dedicated to helping employers and benefit plan service providers navigate the complex legal landscape of employee benefit plans. Hosted by experts from KLB Benefits Law Group, the show offers practical guidance on compliance, corrections, audits, and more. With a focus on clarity and actionable advice, each episode equips listeners with the knowledge to manage their benefit plans effectively and avoid common pitfalls. Whether you're an HR professional, a business owner, or a service provider, this podcast provides valuable insights into the world of employee benefits. For more information, visit our website: https://klblawgroup.com/

    Where Are Your Plan Documents?
  3. Oct 1

    Fee Oversight and Fiduciary Process – The Importance of Periodic Review of Service Providers

    Episode Summary: In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass from KLB Benefits Law Group discuss the critical responsibilities employers hold when managing retirement plans. They emphasize that even with hired professionals, the ultimate accountability lies with the employer.  The conversation delves into the roles of third-party administrators, investment advisors, and record keepers, highlighting the importance of constant oversight and the risks of neglecting these duties. The hosts also provide insights into the costs associated with plan services, how to ensure fees are reasonable, and the benefits of having a plan committee to oversee operations. Listeners will gain valuable knowledge on how to effectively manage their retirement plans, ensuring compliance and optimal performance. Key Timestamps: 00:01 – Introduction 0:36 – Employer's Ultimate Responsibility 1:48 – Contracting Duties vs. Responsibility 2:38 – Duties of a Plan Sponsor 3:45 – Key Service Providers 5:28 – Role of the Plan Record Keeper 6:13 – Importance of Monitoring Service Providers 7:14 – Cost of Plan Services 9:00 – Benefits of Third-Party Providers 10:05 – Determining Reasonable Fees 12:32 – Negotiating Service Fees 14:19 – Importance of Benchmarking 17:21 – Documenting Fee Reviews 19:22 – Benefits of a Plan Committee About the Show: Employee Benefit Plans and Business Sense is designed for employers and benefit plan service providers navigating the complexities of employee benefit plans. Hosted by experienced attorneys Doll Lank and Kathleen Salas, the show offers insights into compliance, corrections, and audits related to employee benefits law. With a focus on clarity and actionable advice, the podcast aims to empower listeners to manage their benefit plans effectively, ensuring legal compliance and optimal outcomes for their organizations. For more information, visit our website: https://klblawgroup.com/

    Fee Oversight and Fiduciary Process – The Importance of Periodic Review of Service Providers
  4. Sep 17

    Navigating Cycle Four Restatements for Defined Contribution Plans

    Episode Summary:  In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass from KLB Benefits Law Group delve into the complexities of cycle four restatements for defined contribution plan sponsors. They explain the importance of restatements, which incorporate amendments into a new plan document, and discuss the specific timelines and requirements set by the IRS.  The episode highlights the critical role of pre-approved plan documents and the IRS's advisory letters, which guide plan sponsors through the restatement process. Listeners will gain insights into the necessary steps to ensure compliance, the potential consequences of missing deadlines, and the importance of consulting benefits counsel. This episode is essential for employers and plan sponsors looking to stay compliant and effectively manage their employee benefit plans. Key Timestamps: 00:01 – Introduction 00:29 – Overview of Cycle Four Restatements 01:28 – Understanding Restatements and Pre-Approved Plans 03:01 – IRS Review and Advisory Letters 04:38 – Timeline for Cycle Four Restatements 05:37 – Which Plans Require Restatement 06:34 – Deadlines for Restatement Adoption 07:15 – Restatement Process and Best Practices 09:32 – Plan Sponsor Responsibilities 09:48 – Preparing for TPA Action Items 11:05 – Consequences of Missing Deadlines 12:18 – Importance of Legal Counsel in Restatements 14:16 – Engaging Legal Counsel for Plan Review About the Show:  Employee Benefit Plans and Business Sense is a podcast dedicated to helping employers and benefit plan service providers navigate the intricate legal landscape of employee benefit plans. Hosted by experts from KLB Benefits Law Group, the show offers insights into compliance, corrections, and audits, providing listeners with practical advice and strategies. With a focus on clarity and actionable information, the podcast aims to empower organizations to effectively manage their benefit plans and ensure compliance with ever-changing regulations. For more information, visit our website:  https://klblawgroup.com/

    Navigating Cycle Four Restatements for Defined Contribution Plans
  5. Sep 3

    Don’t Leave Money On the Table—Defined Contribution Plan Tax Credits (Part Two)

    Episode Summary: In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass from KLB Benefits Law Group continue their conversation with Tali Vaughn, Regional Vice President of Sales and Consulting at EGPS. Tali, a self-proclaimed 401k enthusiast, shares insights on the evolving landscape of retirement plans, focusing on the increasing employer emphasis on employee financial wellness and retirement readiness. The discussion highlights the shift in employer attitudes over the past decade, the impact of automatic enrollment on savings, and the unique opportunities within industries like construction and manufacturing. Tali also explores the importance of understanding employer goals and employee needs when designing retirement plans. This episode is essential for employers and advisors looking to enhance their benefits offerings and improve employee satisfaction. Key Timestamps: 00:01 – Introduction 00:06 – Welcome Back and Guest Introduction 01:31 – Employer Focus on Financial Wellness 02:13 – Evolution of Retirement Plan Design 03:41 – Impact of Automatic Enrollment 05:01 – Industries Embracing Retirement Plans 07:01 – State Mandates and Employer Awareness 08:40 – Prevailing Wage and Construction Industry Insights 11:00 – Benefits of Forced Savings in Construction 12:43 – Advisors and CPAs: Asking the Right Questions 13:35 – Starting a Retirement Plan: Where to Begin 14:49 – Employee Input in Retirement Planning 15:41 – Conclusion and Contact Information About the Show: Employee Benefit Plans and Business Sense is a podcast dedicated to helping employers and benefit plan service providers navigate the complex legal landscape of employee benefit plans. Hosted by experts from KLB Benefits Law Group, the show offers insights into compliance matters, corrections, and audits, providing listeners with practical advice and strategies. Whether you're a small business owner, HR professional, or financial advisor, this podcast delivers valuable information to enhance your understanding of employee benefits and improve your organization's offerings. For more information, visit our website: https://klblawgroup.com/

    Don’t Leave Money On the Table—Defined Contribution Plan Tax Credits (Part Two)
  6. Aug 20

    Don’t Leave Money On the Table—Defined Contribution Plan Tax Credits (Part One)

    Episode Summary: In this episode of Employee Benefit Plans and Business Sense, hosts Kathleen Salas Bass and Doll Lank engage with Tali Vaughn, a Regional Vice President at EGPS, to demystify the tax credits available for small businesses that sponsor defined contribution plans. Tali, a self-proclaimed 401k enthusiast, shares her insights on how the Secure Act has transformed the landscape, making retirement plans more accessible and affordable. The discussion covers various tax credits, including startup, automatic enrollment, and employer contribution credits, which can significantly reduce the costs associated with offering retirement plans. Tali emphasizes the importance of thoughtful plan design and collaboration with third-party administrators to maximize tax savings and enhance retirement outcomes for employees. This episode is a must-listen for small business owners looking to leverage tax incentives to benefit both their company and their workforce. Key Timestamps: 00:01 – Introduction 00:12 – Meet the Hosts and Guest 01:28 – Importance of Tax Credits for Employers 01:56 – Impact of the Secure Act on Retirement Plans 03:02 – Types of Tax Credits Available 04:13 – Employer Contribution Tax Credit Explained 05:09 – Automatic Enrollment Tax Credit Benefits 07:13 – Role of Plan Providers in Maximizing Credits 09:14 – Evaluating Retirement Plan Opportunities 10:35 – Advantages of Employer-Sponsored Plans 12:35 – Tailoring Plans to Employer Goals 14:17 – Exploring Safe Harbor and Profit Sharing 15:32 – Cash Balance Plans for Business Owners 16:40 – Importance of Working with Industry Experts About the Show: Employee Benefit Plans and Business Sense is a podcast dedicated to helping employers and benefit plan service providers navigate the complexities of employee benefit plans. Hosted by experts from KLB Benefits Law Group, the show offers insights into compliance, corrections, and audits related to employee benefits law. With a focus on clarity and practical advice, each episode breaks down intricate legal requirements and offers strategies to optimize benefit plans for businesses of all sizes. Whether you're a small business owner or a seasoned HR professional, this podcast provides valuable knowledge to enhance your understanding of employee benefits. For more information, visit our website: https://klblawgroup.com/

    Don’t Leave Money On the Table—Defined Contribution Plan Tax Credits (Part One)
  7. Jul 23

    Required 401(k) Plan Employee Communications

    Episode Summary:  In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass from KLB Benefits Law Group join Lisa Mosbey to discuss the intricacies of required employee communications for 401k plans. They delve into the various notices employers must provide, such as the Summary Plan Description (SPD), Summary of Material Modifications (SMM), and the Qualified Default Investment Alternative (QDIA) notice. The conversation highlights the importance of timely delivery and the severe penalties for non-compliance, emphasizing the need for employers to stay updated with legal requirements. Doll and Kathleen also offer practical advice on how to rectify missed communications and the role of third-party administrators in this process. This episode is essential for employers and HR professionals seeking to ensure compliance and maintain good employee relations through effective benefit plan communication. Key Timestamps: 00:01 – Introduction 0:54 – Required Notices for 401k Plans 2:05 – Summary Plan Description Explained 3:06 – Summary Annual Report and Benefit Statements 4:06 – Fee Notices and Default Investments 5:37 – Health and Welfare Plan Notices 6:22 – Timing for Notice Delivery 7:50 – Penalties for Non-Compliance 9:09 – Avoiding Communication Mistakes 11:31 – Employee Requests for Plan Documents 12:36 – Common Employer Mistakes 14:21 – Correcting Missed Notices 16:17 – Importance of a Plan Committee 17:49 – Real-World Compliance Issues About the Show:  Employee Benefit Plans and Business Sense is a podcast dedicated to helping employers and benefit plan service providers navigate the complex legal landscape of employee benefit plans. Hosted by experts Doll Lank and Kathleen Salas Bass, the show offers insights into compliance, legal requirements, and best practices for managing employee benefits. With a focus on clarity and practical advice, the series aims to empower listeners with the knowledge needed to effectively manage benefit plans and avoid costly pitfalls. Whether you're an HR professional, a business owner, or a service provider, this podcast provides valuable guidance to ensure your benefit plans are compliant and beneficial for all stakeholders.

    Required 401(k) Plan Employee Communications
  8. Jul 9

    Retirement Plan Qualification Failures—Self-Correct or Correct with IRS Approval?

    Episode Summary:  In this episode of Employee Benefit Plans and Business Sense, hosts Doll Lank and Kathleen Salas Bass from KLB Benefits Law Group delve into the intricacies of retirement plan qualification failures. They discuss the two primary types of failures: operational and plan document failures, and the potential consequences if these issues are not addressed promptly. The hosts explain the IRS's correction programs, including the Employee Plans Compliance Resolution System (EPCRS), which offers self-correction and voluntary correction options. They highlight the pros and cons of self-correction versus using the Voluntary Correction Program (VCP), emphasizing the importance of timely corrections to avoid costly penalties. The episode provides valuable insights for employers on how to manage these failures effectively, ensuring compliance and minimizing financial risks. Key Timestamps: 00:01 – Introduction 0:55 – Understanding Retirement Plan Qualification Failures 1:38 – Operational vs. Plan Document Failures 2:59 – Consequences of Uncorrected Failures 3:50 – Importance of Timely Corrections 5:03 – IRS Correction Programs Overview 6:07 – Self-Correction Program (SCP) Explained 6:44 – Voluntary Correction Program (VCP) Insights 7:56 – Preparing a VCP Submission 9:18 – Administrative Changes to Prevent Failures 10:11 – Role of Attorneys in VCP Submissions 11:11 – Pros and Cons of Self-Correction vs. VCP 14:18 – Financial Hardship Considerations 16:05 – Audit Implications for Uncorrected Failures 18:00 – Steps for Employers Facing Qualification Failures About the Show:  Employee Benefit Plans and Business Sense is a podcast dedicated to helping employers and benefit plan service providers navigate the complex legal landscape of Employee Benefit Plans. Hosted by Doll Lank and Kathleen Salas Bass of KLB Benefits Law Group, the show offers expert insights into compliance matters, corrections, and audits. With decades of experience in employee Benefit Plans law, the hosts provide practical advice and strategies to ensure that organizations remain compliant and avoid costly penalties. Whether you're dealing with retirement plans, health benefits, or other employee-related issues, this podcast is your go-to resource for staying informed and proactive.

    Retirement Plan Qualification Failures—Self-Correct or Correct with IRS Approval?

About

Attorneys Doll Lank and Kathleen Bass of KLB Benefits Law Group break down the critical role employee benefits attorneys play in helping employers and plan sponsors correct compliance mistakes. They reveal the most common errors, including payroll and missed deferral issues, and emphasize why retaining plan documents is essential for audit defense.