Payroll Compliance Audits

Legacy Professionals LLP has developed an extensive payroll compliance audit program.

Our Payroll Compliance Audit Program

We have a dedicated staff of payroll compliance auditors in each of our three office locations exclusively performing payroll compliance audits for benefit plans throughout the country.

Our payroll compliance audit program is tailored for each client. It can be implemented locally and/or nationwide for national employer reporting environments. Our payroll compliance audit programs are developed based on a thorough understanding of the collective bargaining agreements in effect and the importance of the program for Taft-Hartley plans.

Payroll Compliance Audits – Quick Q & A:

The Employee Retirement Income Security Act of 1974 (ERISA) requires plan trustees to collect all contributions due the respective fund. Delinquent contributions are considered a prohibited advance of credit to a party-in-interest (contributing employer). The U.S. Department of Labor Prohibited Transaction Class Exemption 76-1 exempts extension, settlement, or non-collection of delinquent contributions from being considered prohibited if a reasonable, systematic, and diligent effort is made to collect the contributions. Payroll compliance audits are a perfect fit for compliance with the class exemption.

A payroll compliance audit is a review of the employer records needed to determine whether the employer is in compliance with the collective bargaining agreement and the plans’ governing trust document when making contributions to the plan. This is one part of our payroll compliance audit program.

They detect whether the plan is receiving the proper amount of employer contributions.They determine whether the plan has accurate and complete participant data used to determine and provide benefits.They serve as a notice to employers that the trustees are monitoring collections.They help avoid qualified opinion on the plan’s financial statements by providing the necessary evidential matter for the plan’s auditor with respect to the reasonableness of recorded employer contributions.

Articles of Interest

“The Benefits of Payroll Compliance Audits”

Jim Kemperas, Principal
Legacy Professionals LLP

“The No. 1 Reason Multiemployer Plans Fail a DOL Audit”

International Foundation of Employee Benefit Plans (IFEBP)

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