494 South Seguin Avenue
  New Braunfels, TX  78130

  (830) 625-3959 or
  (214) 870-6785

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   © Copyright 2003-2004
   Bruce Ruud and Assoc.
   All rights reserved.

 

 


Compliance Tools
Common Issues Investigated by the US Department of Labor

[back to compliance tools]

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Delinquent employee contributions to 401(k) plans

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Prohibited loans to the Plan Sponsor or other parties-in-interest

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Low performing investments, including traditional securities as well as non-traditional investments in precious metals, gems, artwork, artwork and collectibles

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Imprudent investments in limited partnerships

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Real estate investments with low investment returns that have underlying benefits to the Plan Sponsor or individual fiduciaries

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Failure to invest assets or provide benefits in accordance with the plan/trust documents

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Procedural imprudence with attendant losses

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Non-qualifying employer real property due to there only being a single parcel

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Failure to properly value real estate or closely held securities and allocate the current value to the participants

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Participant loans which discriminate in favor of the highly compensated or fail to satisfy the time limitations, interest rate, collateral or default requirements

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Paying or receiving more or less than "adequate consideration" for the acquisition or sale of employer securities

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Improperly releasing shares in a leveraged ESOP

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Improper valuation and allocation of employer securities

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Making investments or entering into service agreements which also benefit the Plan sponsor, the fiduciaries or other parties-in-interest

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Imprudent selection of investment options in a 401(k) plan and failing to monitor them on a timely basis

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Imprudent selection of service providers and the payment of unreasonable fees

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Allowing the plan to pay expenses that are actually settlor expenses of the employer

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Failure to have those who handle plan assets properly bonded

 

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Bruce Ruud and Associates   ●   (830) 625-3959   ●   Contact Us

   © Copyright 2003-2004
   Bruce Ruud and Assoc.
   All rights reserved.