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U.S. Department of Labor
         401(k) Seminar

           March 26, 2013




     855 N. River Rd., Suite 300
       Indianapolis, IN 46240
           (317) 842-4466
     www.sikich.com/indianapolis
Common Errors
                                     Within Benefit Plans
                                            March 26, 2013




      Plan Audit – Review Environment
      • Department of Labor (DOL) – Plan Audit Review Process
         • Firm Inspections
         • Mini Inspections
         • Small Practice Inspections
      • Peer Review Process
         • Condition of Firm Membership of the American Institute of
           Certified Public Accountants (AICPA) and nearly all state CPA
           Societies
         • Condition of Firm Membership of Employee Benefit Plan Audit
           Quality Center (EBPAQC)




                                                                 2
©2013 Sikich LLP. All Rights Reserved.




                                                                           1
Plan Audit Environment
      • Nationally, approximately 80,000 plan audits are performed annually
        by approximately 9,200 CPA firms
         • More than 100 Plan Audits – Approximately 80 CPA Firms (less
           than 1%)
         • Less than 100 Plan Audits – Approximately 9,120 CPA Firms
           (more than 99%)
             • More than half of these Firms perform only 1-2 Plan Audits
               per year




                                                                   3
©2013 Sikich LLP. All Rights Reserved.




      Hire a Quality Audit Firm
      • Verify your auditor is a member of the AICPA Audit Quality Center for
        Employee Benefit Plan Audits
         • Requires additional CPE specific to benefit plan audits
         • Benefit plan audits will be part of peer review process
         • Resources available at www.aicpa.org -go to interest areas then
            plan sponsor resource center
      • Inquire about credentials of Staff
         • How many benefit plan audits do they work on?
         • How many years experience?
         • Will a partner or manager be on site in the field to address
            issues?
      • Benefit plan audits are very different than corporate financial
        statement audits and your auditor should be trained in the EB area

                                                                   4
©2013 Sikich LLP. All Rights Reserved.




                                                                                2
Dangers of Not Using a Specialist
      • Lost time and resources as your staff trains the auditors
      • Failure of the plan sponsor’s fiduciary responsibility to file a
        complete and accurate Form 5500
      • Possible rejection by the DOL of the Plan’s Form 5500
         • In the eyes of the DOL, filing a substandard plan audit with the
            Form 5500 is the same as not filing the Form 5500 at all
             • DOL can assess a penalty of $1,100 a day (up to $50,000)
                for a Form 5500 with a missing or deficient audit report




                                                                    5
©2013 Sikich LLP. All Rights Reserved.




      Benefits of an Audit
      • Ensures the plan sponsor satisfies requirement to submit a complete
        and accurate annual return
      • Make suggestions for improving internal controls
      • Provide recommendations on improvements for plan sponsor
        fiduciary requirements
      • Review minutes of meetings to ensure decisions are fully and
        accurately documented
      • Review contracts with third-party service providers and fee
        arrangements
      • Suggestions on best practices seen with other plans
      • Detecting problems early so plan sponsor can correct before
        identified by IRS or DOL


                                                                    6
©2013 Sikich LLP. All Rights Reserved.




                                                                              3
Errors Found During Audits
      • Employee Deferrals
         • Missed processing employee elective deferral changes
         • Missed processing automatic % increases when plan has auto
           enrollment
         • In-house or third-party payroll service not calculating deferrals on
           proper types of compensation
         • Deferrals missed from bonus checks, manual checks, special
           checks, final vacation checks
         • Deferrals deposited late
         • Missed depositing deferrals from special payrolls or executive
           payrolls



                                                                     7
©2013 Sikich LLP. All Rights Reserved.




      Errors Found During Audits
      • Participant Loans
         • No separate loan policy if required per plan document
         • Not following terms of loan policy such as rate of interest or
           number of loans
         • Not starting payments timely
         • Not defaulting loans per terms of plan
      • Mergers/Spin Offs
         • No board resolutions or plan amendments documenting legal
           date of transaction – using physical transfer date improperly
         • No or inadequate black out notices regarding investments
         • No reconciliation of transfer at plan or participant level
         • Bad contribution cut off
         • Not understanding which plan is surviving plan
                                                                     8
©2013 Sikich LLP. All Rights Reserved.




                                                                                  4
Errors Found During Audits
      • Eligibility
         • Improper exclusion of part time, temporary or leased employees
         • Late notification of eligibility
         • Early entry into plan
         • Not following automatic enrollment
         • Miscounting number of participants for Form 5500
      • Forfeitures
         • Not using them in accordance with plan document terms – to
            reduce employer match, pay plan expenses, reallocate same as
            match, reallocate same as profit sharing
         • Not recognizing forfeitures per the vesting schedule in plan
            document


                                                                    9
©2013 Sikich LLP. All Rights Reserved.




      Errors Found During Audits
      • Distributions
         • Miss making required distributions at 70 ½
         • Miss making distributions by the age required in the plan – i.e.
           age 65
         • Incorrectly applying vesting in calculations
         • Allowing hardships or in-service distributions if plan does not
           allow
         • Not obtaining and retaining proper evidence of hardship
         • Not properly stopping or restarting employee deferrals when a
           hardship was taken
         • Not stopping annuity payments when participants die



                                                                   10
©2013 Sikich LLP. All Rights Reserved.




                                                                              5
Errors Found During Audits
      • Partial Plan Termination
         • Not considering whether one has occurred when large amount of
           employees are involuntarily terminated
      • Plan expenses
         • Not following terms of service agreement
         • Not allowed to be paid by plan, plan sponsor should pay
      • Discrimination Testing
         • Testing not performed
         • All required tests not performed
         • Testing failures not addressed or not addressed timely
         • No consideration of controlled group issues


                                                                11
©2013 Sikich LLP. All Rights Reserved.




      Sample Plan Sponsor Controls
      • Payroll/Contributions
         • Ensure that the employee contributions are remitted within the
           appropriate time period
         • Ensure correct amount of employee contributions are remitted to
           the custodian and deposited timely into proper employee
           accounts
         • Ensure custodian invested money timely into participant
           accounts
         • Recalculate amount of employee deferral withheld
         • Review settings in payroll system to ensure deferrals and match
           are calculated on correct types of compensation




                                                                12
©2013 Sikich LLP. All Rights Reserved.




                                                                             6
Sample Plan Sponsor Controls
      • Participant Loans
         • Ensure employee loan repayment amounts are correct
         • Recalculate balance on selected loans to ensure in accordance
           with amortization schedules
      • Disbursements
         • Recalculate vesting/forfeitures on selection of distributions
      • New Hires
         • Review a sample of new hires to ensure they were offered
           participation and enrolled timely into the Plan




                                                                13
©2013 Sikich LLP. All Rights Reserved.




      Sample Plan Sponsor Controls
      • Oversight Committee
         • Establish a committee to monitor administrative and investment
           issues
         • Meet regularly
         • Document meeting decisions and discussions (take minutes)
      • Administrative Fees
         • Periodically benchmark fees for reasonable and ensure advisor
           renegotiates your fees with your service provider
         • Ensure that fees charged are in accordance with service
           agreement




                                                                14
©2013 Sikich LLP. All Rights Reserved.




                                                                            7
Questions?
                                              Michael D. Wolf, CPA
                                                    Manager
                                                   Sikich LLP
                                        8555 North River Road, Suite 300
                                             Indianapolis, IN 46240
                                                  317.842.4466
                                               mwolf@sikich.com




   This document is not written tax advice directed at the particular facts and circumstances of any person. Nothing herein shall be construed as imposing a
limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. To the extent this document may be considered to
  contain written tax advice, any written advice contained in, forwarded with, or attached to this document is not intended to be used, and cannot be used, by
                            any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code.




About Sikich
•     Multi-disciplinary: An accounting,
      advisory, investment banking, technology
      and managed services firm with clients in
      the U.S. and internationally.
                                                                                                    $76M in revenue in 2012
•     Excellent reputation: With a reputation
      for professional excellence, Sikich
      provides unsurpassed client service as                                           6,776 public and private sector clients
      well as timely and cost effective services.
                                                                                                      7,364 individual clients
•     Strong talent: We employ more than
      400 talented people including 71                                                   153,882 square feet to serve clients
      partners, all of whom devote their careers
      to a focused area.
                                                                                                         400+ total personnel
•     Award winning: Accounting Today ranks
                                                                                                                  71 partners
      the Firm 40th nationally among the top
      100 accounting firms and 12th in the
      top 100 VARs.                                                                       1 collaborative and positive culture




                                                                                                                                                                 8
Honors & Recognitions
   Accounting                                                Technology
   • #47 in Accounting Today’s                               • Top 1% of all ERP solution
     2012 Top 100 Accounting                                   partners in the world
     Firms                                                   • 2012 Microsoft Dynamics
   • INSIDE Public Accounting’s                                Inner Circle
     Top 50 Accounting Firms in                              • 2012 Microsoft Dynamics
     2012                                                      President's Club
   • INSIDE Public Accounting’s                              • #12 on Accounting Today's Top
     All-Star Firms in 2012                                    100 VARs in 2012
                                                             • #13 on Bob Scott's Top 100
                                                               VAR List for 2012




   Tracing Our Roots                                                                                    2012
                                                                                              30th Anniversary
$80,000,000


$70,000,000                                                                            2008-2011
                                                                                 Merges with 4
$60,000,000
                                                                                 CPA firms and
                                                          1998                     solidifies
$50,000,000                                                                      position in the
                                                                                  Top 50 with
                                              Merges with Intelligent Computer
$40,000,000
                        1982                    Solutions LLC and starts its
                                                                                 more than 375
                                                                                  employees
                                                   technology practice
               Sikich Gardner & Co. was
$30,000,000   formed; takes up residence in
                 Aurora and Springfield
$20,000,000


$10,000,000


        $0




                                                                                                   18




                                                                                                                 9
Sikich Service Lines
                                                                                                                    Advisory
                                                                                                           Business Valuation
                                  Accounting, Audit & Tax
                                                                                                            Dispute Advisory
                                      Financial Reporting
                                                                                                            Financial Advisory
                                   Employee Benefit Plan Audit
                                                                                                           Flex-Staff Solutions
                                      Accounting Services
                                                                                                           Human Resources
                                         Tax Planning
                                                                                                       Marketing & Public Relations
                                                                                                              Supply Chain




                                                                                Technology
       Investment Banking                                            Accounting & ERP Software                                              Managed Services
         Acquisitions Advisory                                             CRM Software                                                  Outsourced Accounting
           Sales Advisory                                                 IT Infrastructure                                                   Managed IT
            Capital Raises                                            Cloud & Hosting Solutions                                       Outsourced Human Resources
          Strategic Advisory                                            Strategic IT Planning                                         Outsourced Marketing & Public
                                                                    Communication & Collaboration                                              Relations
                                                                            IT Consulting


Securities are offered through Sikich Corporate Finance LLC, a registered broker dealer with the Securities Exchange Commission and a member of FINRA/SIPC.
Advisory services offered through Sikich Financial, a Registered Investment Advisor. General securities offered through Triad Advisors, Member FINRA/SIPC.




     Industry Expertise, Tailored Approach
     »      Non Profit
     »      Construction                 Deep industry
                                         experience and
     »      Healthcare                   longevity.
     »      Government
     »      Higher Education
                                            Cross sectional teams
     »      Agriculture                     with a depth and breadth
     »      Manufacturing & Distribution    of experience to handle
                                            the complete solution.
     »      Professional Services
     »      Real Estate
     »      Retail                              Solution centric and
                                                                                                product agnostic.




                                                                                                                                                                      10
Michael D. Wolf, CPA
Manager

Michael D. Wolf, CPA, specializes in audit and assurance services. His
primary focus is on providing audit and assurance services to not-for-profit,
manufacturing, construction, service, and employee benefit plan clients.
He understands the issues facing these organizations and is extremely
familiar with the risk factors that need to be considered in designing and
performing their audits, as well as the business issues they face in the
marketplace. Mike also has considerable experience in the area of
corporate and individual taxation, including multi-state planning and           8555 North River Road
                                                                                Suite 300
compliance.                                                                     Indianapolis, IN 46240

Service Areas                                                                   P: 317.842.4466
Assurance and Advisory Services                                                 F: 317.577.7724
Income Tax Planning, Consulting                                                 E: mwolf@sikich.com
Construction Services
Not-for-Profit Services
Manufacturing Services
Employee Benefit Plan Audits

Affiliations
American Institute of Certified Public Accountants
Indiana CPA Society
  Peer Review Committee
Member, various Task Force Committees
Construction Financial Management Association
Carmel Chamber of Commerce
Knights of Columbus
Central Indiana Chapter of the Kelley School of Business Alumni Association
  Past Board Member and Past Program Committee Chair
Springmill Crossing Property Owners Association, Past Treasurer

Education
Bachelor of Arts Degree in Accounting, Indiana University
Employee Benefit
Plan Audit
Developing and maintaining employee benefit plans requires considerable time, effort and
resources—after all, your employees rely on benefits to secure their futures. Presenting
your benefits provider with incomplete or inaccurate audit reports may result in plan
disqualification or significant penalties. Maintain the benefit plans on which your employees
rely by working with the experts at Sikich. Working with Sikich professionals will offer you
distinct advantages, including:

úú   Assurance of quality
úú   Efficient audit process
úú   Potential fee savings
úú   A detailed constructive management letter
úú   Access to up-to-date benefit plan regulatory and accounting issues through:
       •	 Meetings
       •	 News alerts
       •	 Special focus mailings
       •	 Seminars and webinars

Receive top-quality help from credentialed, highly trained and experienced professionals
who are dedicated in employee benefit plan audits, administration and consulting services—
and who work with more than 200 plans firm-wide.




Your time and resources are valuable, which is why our team approaches employee benefit
plan audits in an efficient manner—reducing the time we need from your personnel and
allowing them more time for their regular duties.

Included in the audit is a management letter that identifies opportunities to correct potential
problems before they lead to penalties or plan disqualification. Additionally, discover how to
achieve and maintain a competitive advantage—essential for employee retention—through
a section in the letter that is focused on current trends in the employee benefits area, and
which benefits other companies are currently offering.

Rely on the employee benefit plan practice of Sikich to provide accurate, complete, timely,
professional and cost-effective services that will meet your organization’s specific objectives,
now and in the future.
                                                                                                   877.279.1900 | info@sikich.com
                                                                                                          www.sikich.com

                                                                                                   ©2013 Sikich LLP. All Rights Reserved.
Sikich Profile
Organization
Sikich is a dynamic accounting, advisory, technology, and managed services firm
comprised of more than 400 employees. Our firm began in 1982 and is now one of
the country’s Top 50 largest CPA firms and Top 100 VARs, operating eight offices.
                                                                                                        service areas
Industries                                               Awards
Sikich provides services and solutions                   � 2012, Accounting Today Top 100 Firms:       �	Accounting 
to a wide range of industries. In certain                   ranked 47th nationally                          Consulting Services
industries, we have devoted substantial                  � 2012, Accounting Today Regional Leaders
resources to develop a significant base                    – Top Firms: Great Lakes: ranked 7th         �	Assurance Services
of expertise and experience:
                                                         � 2012, Accounting Today Top 100 Value        �	Business Valuation
� Agriculture                                               Added Reseller (VAR): ranked 12th
� Construction                                           � 2012, INSIDE Public Accounting 100          �	Dispute Advisory
� Employee Benefit Plans                                    Largest Accounting Firms: ranked                Services
� Government                                                47th nationally
                                                                                                        �	Graphic Design
� Healthcare                                             � 2012, Daily Herald Business Ledger Book          Marketing Services
� Higher Education                                          of Lists: ranked 3rd, Accounting Firms;
� Manufacturing  Distribution                              Chicago Western Suburbs                     �	Human Resource
� Not-for-Profit                                         � 2011, Crain's Chicago Business Book of          Consulting
� Professional Services                                     Lists: ranked 12th, Accounting Firms
                                                                                                        �	Investment Banking 
� Real Estate                                            � 2011, Chicago Tribune’s Chicago's               Corporate Finance
� Retail                                                    Top Workplaces
                                                         � 2011, Best and Brightest Company
                                                                                                       �	Retirement Plan
Statistics                                                                                                  Services
                                                           to Work For™
Revenues .................................. $64.5M
                                                         �  012 - 2006, Chicago’s 101 Best and
                                                           2
Total Partners .................................... 67                                                  �	Tax Services
                                                           Brightest Companies to Work For
Total Employees .............................. 356       � 2010, Accounting Today Best Accounting      �	Technology Services
Total Personnel ................................ 423        Firms to Work For                                Products
Personnel count as of April 12, 2012                     � 2009, Best Places to Work in Central
                                                           
                                                                                                        �	Wealth Management
                                                           Illinois, sponsored by The Springfield
Sikich Total Revenues                                      Business Journal
                                                         � 2009, 2008, 2006, Sikich designated
                                                           
                                                           as member of the Microsoft Business
                                                           Solutions Inner Circle
                                                         �  006, 2005 Two Sikich business solutions
                                                           2
                                                           clients awarded Microsoft Business
                                                           Solutions Pinnacle award
                                                         � 2005, Certified Microsoft Dynamics –
                                                           
                                                           NAV Partner of the Year




                                                                                                        877.279.1900 | info@sikich.com
                                                                                                               www.sikich.com

                                                                                                         ©2012 Sikich LLP. All Rights Reserved.
Sikich Profile
Certifications
All professional accounting staff having more than one year of experience have earned or
are working toward earning the designation of Certified Public Accountant. Sikich LLP is
a member of the American Institute of Certified Public Accountants' Governmental Audit
                                                                                                              LOCATIONS:
Quality Center and the Employee Benefit Plan Audit Quality Center. We adhere to the strict
requirements of membership which assure we meet the highest standards of audit quality.
                                                                                                              Corporate Office
In 2011, Sikich LLP received its 8th consecutive unmodified (“pass”) peer review report.
                                                                                                              1415 W. Diehl Rd., Suite 400
This is the highest level of recognition conferred upon a public accounting firm for its quality
                                                                                                              Naperville, IL 60563
control systems.
                                                                                                              Phone: (630) 566-8400

                                                                                                              Chicago, IL
                                                                                                              123 N. Wacker Dr., Suite 1500
                                                                                                              Chicago, IL 60606
                                                                                                              Phone: (312) 648-6666
Microsoft Partner
                                                                                                              Decatur, IL
Sikich has earned a Microsoft ERP Gold competency; ranked among the top 1% of
                                                                                                              132 South Water St., Suite 300
all Microsoft Dynamics partners worldwide; and carries the following certifications:
                                                                                                              Decatur, IL 62523
                                                                                                              Phone: (217) 423-6000
�  icrosoft Small Business Specialist	
  M                                                   � MRMS (Microsoft Retail Management Systems)
                                                        
�  CP (Microsoft Certified Professional)
  M                                                   �  ISA (Certified Information Systems Auditor)
                                                        C                                                     Denver, CO
�  CSE (Microsoft Certified System Engineer)
  M                                                   �  NE (Certified Novell Engineer)
                                                        C                                                     6021 S. Syracuse Way, Suite 111
�  CNA (Cisco Certified Network Associate)
  C                                                   � MS CSM (Microsoft Customer Service Manager)
                                                                                                             Greenwood Village, CO 80111
�  CDA (Certified Cisco Design Associate)
  C                                                   � MS CAE (Microsoft Certified Account Executive)
                                                                                                             Phone: (720) 200-0142
�  CEA (Citrix Certified Enterprise Administrator) �  CDBA (Microsoft Certified Database Admin.)
  C                                                   M
                                                                                                              Indianapolis, IN
                                                                                                              8555 N. River Rd., Suite 300
                                                                                                              Indianapolis, IN 46240
                                                                                                              Phone: (317) 842-4466

                                                                                                              Rockford, IL
                                                                                                              6815 Weaver Rd., Suite 100
                                                                                                              Rockford, IL 61114
                                                                                                              Phone: (815) 282-6565
Sikich is proud to be part of the Leading Edge Alliance
                                                                                                              Springfield, IL
The Leading Edge Alliance (LEA) is the second largest international association of
                                                                                                              3201 W. White Oaks Dr., Suite 102
independent accounting firms.* The LEA is an international professional association of
                                                                                                              Springfield, IL 62704
independently-owned accounting and consulting firms. Members are top quality firms
                                                                                                              Phone: (217) 793-3363
who share an entrepreneurial spirit and a drive to be the premier provider of professional
services in their chosen markets. The Alliance provides Sikich with an unbeatable                             St. Louis, MO
combination: the comprehensive size and scope of a large multinational company while                          12655 Olive Blvd., Suite 200
offering their clients the continuity, consistency, and quality service of a local firm.                      St. Louis, MO 63141
*International Accounting Bulletin, 2011                                                                      Phone: (314) 275-7277

                                                                                                              LEARN MORE:




                                                                                                              www.sikich.com/blog




Securities are offered through Sikich Corporate Finance LLC, a registered broker dealer with the Securities
Exchange Commission and a member of FINRA/SIPC. Advisory services offered through Sikich Financial,           877.279.1900 | info@sikich.com
a Registered Investment Advisor. General securities offered through Triad Advisors, Member FINRA/SIPC.               www.sikich.com

                                                                                                               ©2012 Sikich LLP. All Rights Reserved.

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U.S. Department of Labor 401(k) Seminar

  • 1. U.S. Department of Labor 401(k) Seminar March 26, 2013 855 N. River Rd., Suite 300 Indianapolis, IN 46240 (317) 842-4466 www.sikich.com/indianapolis
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  • 16. Common Errors Within Benefit Plans March 26, 2013 Plan Audit – Review Environment • Department of Labor (DOL) – Plan Audit Review Process • Firm Inspections • Mini Inspections • Small Practice Inspections • Peer Review Process • Condition of Firm Membership of the American Institute of Certified Public Accountants (AICPA) and nearly all state CPA Societies • Condition of Firm Membership of Employee Benefit Plan Audit Quality Center (EBPAQC) 2 ©2013 Sikich LLP. All Rights Reserved. 1
  • 17. Plan Audit Environment • Nationally, approximately 80,000 plan audits are performed annually by approximately 9,200 CPA firms • More than 100 Plan Audits – Approximately 80 CPA Firms (less than 1%) • Less than 100 Plan Audits – Approximately 9,120 CPA Firms (more than 99%) • More than half of these Firms perform only 1-2 Plan Audits per year 3 ©2013 Sikich LLP. All Rights Reserved. Hire a Quality Audit Firm • Verify your auditor is a member of the AICPA Audit Quality Center for Employee Benefit Plan Audits • Requires additional CPE specific to benefit plan audits • Benefit plan audits will be part of peer review process • Resources available at www.aicpa.org -go to interest areas then plan sponsor resource center • Inquire about credentials of Staff • How many benefit plan audits do they work on? • How many years experience? • Will a partner or manager be on site in the field to address issues? • Benefit plan audits are very different than corporate financial statement audits and your auditor should be trained in the EB area 4 ©2013 Sikich LLP. All Rights Reserved. 2
  • 18. Dangers of Not Using a Specialist • Lost time and resources as your staff trains the auditors • Failure of the plan sponsor’s fiduciary responsibility to file a complete and accurate Form 5500 • Possible rejection by the DOL of the Plan’s Form 5500 • In the eyes of the DOL, filing a substandard plan audit with the Form 5500 is the same as not filing the Form 5500 at all • DOL can assess a penalty of $1,100 a day (up to $50,000) for a Form 5500 with a missing or deficient audit report 5 ©2013 Sikich LLP. All Rights Reserved. Benefits of an Audit • Ensures the plan sponsor satisfies requirement to submit a complete and accurate annual return • Make suggestions for improving internal controls • Provide recommendations on improvements for plan sponsor fiduciary requirements • Review minutes of meetings to ensure decisions are fully and accurately documented • Review contracts with third-party service providers and fee arrangements • Suggestions on best practices seen with other plans • Detecting problems early so plan sponsor can correct before identified by IRS or DOL 6 ©2013 Sikich LLP. All Rights Reserved. 3
  • 19. Errors Found During Audits • Employee Deferrals • Missed processing employee elective deferral changes • Missed processing automatic % increases when plan has auto enrollment • In-house or third-party payroll service not calculating deferrals on proper types of compensation • Deferrals missed from bonus checks, manual checks, special checks, final vacation checks • Deferrals deposited late • Missed depositing deferrals from special payrolls or executive payrolls 7 ©2013 Sikich LLP. All Rights Reserved. Errors Found During Audits • Participant Loans • No separate loan policy if required per plan document • Not following terms of loan policy such as rate of interest or number of loans • Not starting payments timely • Not defaulting loans per terms of plan • Mergers/Spin Offs • No board resolutions or plan amendments documenting legal date of transaction – using physical transfer date improperly • No or inadequate black out notices regarding investments • No reconciliation of transfer at plan or participant level • Bad contribution cut off • Not understanding which plan is surviving plan 8 ©2013 Sikich LLP. All Rights Reserved. 4
  • 20. Errors Found During Audits • Eligibility • Improper exclusion of part time, temporary or leased employees • Late notification of eligibility • Early entry into plan • Not following automatic enrollment • Miscounting number of participants for Form 5500 • Forfeitures • Not using them in accordance with plan document terms – to reduce employer match, pay plan expenses, reallocate same as match, reallocate same as profit sharing • Not recognizing forfeitures per the vesting schedule in plan document 9 ©2013 Sikich LLP. All Rights Reserved. Errors Found During Audits • Distributions • Miss making required distributions at 70 ½ • Miss making distributions by the age required in the plan – i.e. age 65 • Incorrectly applying vesting in calculations • Allowing hardships or in-service distributions if plan does not allow • Not obtaining and retaining proper evidence of hardship • Not properly stopping or restarting employee deferrals when a hardship was taken • Not stopping annuity payments when participants die 10 ©2013 Sikich LLP. All Rights Reserved. 5
  • 21. Errors Found During Audits • Partial Plan Termination • Not considering whether one has occurred when large amount of employees are involuntarily terminated • Plan expenses • Not following terms of service agreement • Not allowed to be paid by plan, plan sponsor should pay • Discrimination Testing • Testing not performed • All required tests not performed • Testing failures not addressed or not addressed timely • No consideration of controlled group issues 11 ©2013 Sikich LLP. All Rights Reserved. Sample Plan Sponsor Controls • Payroll/Contributions • Ensure that the employee contributions are remitted within the appropriate time period • Ensure correct amount of employee contributions are remitted to the custodian and deposited timely into proper employee accounts • Ensure custodian invested money timely into participant accounts • Recalculate amount of employee deferral withheld • Review settings in payroll system to ensure deferrals and match are calculated on correct types of compensation 12 ©2013 Sikich LLP. All Rights Reserved. 6
  • 22. Sample Plan Sponsor Controls • Participant Loans • Ensure employee loan repayment amounts are correct • Recalculate balance on selected loans to ensure in accordance with amortization schedules • Disbursements • Recalculate vesting/forfeitures on selection of distributions • New Hires • Review a sample of new hires to ensure they were offered participation and enrolled timely into the Plan 13 ©2013 Sikich LLP. All Rights Reserved. Sample Plan Sponsor Controls • Oversight Committee • Establish a committee to monitor administrative and investment issues • Meet regularly • Document meeting decisions and discussions (take minutes) • Administrative Fees • Periodically benchmark fees for reasonable and ensure advisor renegotiates your fees with your service provider • Ensure that fees charged are in accordance with service agreement 14 ©2013 Sikich LLP. All Rights Reserved. 7
  • 23. Questions? Michael D. Wolf, CPA Manager Sikich LLP 8555 North River Road, Suite 300 Indianapolis, IN 46240 317.842.4466 mwolf@sikich.com This document is not written tax advice directed at the particular facts and circumstances of any person. Nothing herein shall be construed as imposing a limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. To the extent this document may be considered to contain written tax advice, any written advice contained in, forwarded with, or attached to this document is not intended to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. About Sikich • Multi-disciplinary: An accounting, advisory, investment banking, technology and managed services firm with clients in the U.S. and internationally. $76M in revenue in 2012 • Excellent reputation: With a reputation for professional excellence, Sikich provides unsurpassed client service as 6,776 public and private sector clients well as timely and cost effective services. 7,364 individual clients • Strong talent: We employ more than 400 talented people including 71 153,882 square feet to serve clients partners, all of whom devote their careers to a focused area. 400+ total personnel • Award winning: Accounting Today ranks 71 partners the Firm 40th nationally among the top 100 accounting firms and 12th in the top 100 VARs. 1 collaborative and positive culture 8
  • 24. Honors & Recognitions Accounting Technology • #47 in Accounting Today’s • Top 1% of all ERP solution 2012 Top 100 Accounting partners in the world Firms • 2012 Microsoft Dynamics • INSIDE Public Accounting’s Inner Circle Top 50 Accounting Firms in • 2012 Microsoft Dynamics 2012 President's Club • INSIDE Public Accounting’s • #12 on Accounting Today's Top All-Star Firms in 2012 100 VARs in 2012 • #13 on Bob Scott's Top 100 VAR List for 2012 Tracing Our Roots 2012 30th Anniversary $80,000,000 $70,000,000 2008-2011 Merges with 4 $60,000,000 CPA firms and 1998 solidifies $50,000,000 position in the Top 50 with Merges with Intelligent Computer $40,000,000 1982 Solutions LLC and starts its more than 375 employees technology practice Sikich Gardner & Co. was $30,000,000 formed; takes up residence in Aurora and Springfield $20,000,000 $10,000,000 $0 18 9
  • 25. Sikich Service Lines Advisory Business Valuation Accounting, Audit & Tax Dispute Advisory Financial Reporting Financial Advisory Employee Benefit Plan Audit Flex-Staff Solutions Accounting Services Human Resources Tax Planning Marketing & Public Relations Supply Chain Technology Investment Banking Accounting & ERP Software Managed Services Acquisitions Advisory CRM Software Outsourced Accounting Sales Advisory IT Infrastructure Managed IT Capital Raises Cloud & Hosting Solutions Outsourced Human Resources Strategic Advisory Strategic IT Planning Outsourced Marketing & Public Communication & Collaboration Relations IT Consulting Securities are offered through Sikich Corporate Finance LLC, a registered broker dealer with the Securities Exchange Commission and a member of FINRA/SIPC. Advisory services offered through Sikich Financial, a Registered Investment Advisor. General securities offered through Triad Advisors, Member FINRA/SIPC. Industry Expertise, Tailored Approach » Non Profit » Construction Deep industry experience and » Healthcare longevity. » Government » Higher Education Cross sectional teams » Agriculture with a depth and breadth » Manufacturing & Distribution of experience to handle the complete solution. » Professional Services » Real Estate » Retail Solution centric and product agnostic. 10
  • 26. Michael D. Wolf, CPA Manager Michael D. Wolf, CPA, specializes in audit and assurance services. His primary focus is on providing audit and assurance services to not-for-profit, manufacturing, construction, service, and employee benefit plan clients. He understands the issues facing these organizations and is extremely familiar with the risk factors that need to be considered in designing and performing their audits, as well as the business issues they face in the marketplace. Mike also has considerable experience in the area of corporate and individual taxation, including multi-state planning and 8555 North River Road Suite 300 compliance. Indianapolis, IN 46240 Service Areas P: 317.842.4466 Assurance and Advisory Services F: 317.577.7724 Income Tax Planning, Consulting E: mwolf@sikich.com Construction Services Not-for-Profit Services Manufacturing Services Employee Benefit Plan Audits Affiliations American Institute of Certified Public Accountants Indiana CPA Society Peer Review Committee Member, various Task Force Committees Construction Financial Management Association Carmel Chamber of Commerce Knights of Columbus Central Indiana Chapter of the Kelley School of Business Alumni Association Past Board Member and Past Program Committee Chair Springmill Crossing Property Owners Association, Past Treasurer Education Bachelor of Arts Degree in Accounting, Indiana University
  • 27. Employee Benefit Plan Audit Developing and maintaining employee benefit plans requires considerable time, effort and resources—after all, your employees rely on benefits to secure their futures. Presenting your benefits provider with incomplete or inaccurate audit reports may result in plan disqualification or significant penalties. Maintain the benefit plans on which your employees rely by working with the experts at Sikich. Working with Sikich professionals will offer you distinct advantages, including: úú Assurance of quality úú Efficient audit process úú Potential fee savings úú A detailed constructive management letter úú Access to up-to-date benefit plan regulatory and accounting issues through: • Meetings • News alerts • Special focus mailings • Seminars and webinars Receive top-quality help from credentialed, highly trained and experienced professionals who are dedicated in employee benefit plan audits, administration and consulting services— and who work with more than 200 plans firm-wide. Your time and resources are valuable, which is why our team approaches employee benefit plan audits in an efficient manner—reducing the time we need from your personnel and allowing them more time for their regular duties. Included in the audit is a management letter that identifies opportunities to correct potential problems before they lead to penalties or plan disqualification. Additionally, discover how to achieve and maintain a competitive advantage—essential for employee retention—through a section in the letter that is focused on current trends in the employee benefits area, and which benefits other companies are currently offering. Rely on the employee benefit plan practice of Sikich to provide accurate, complete, timely, professional and cost-effective services that will meet your organization’s specific objectives, now and in the future. 877.279.1900 | info@sikich.com www.sikich.com ©2013 Sikich LLP. All Rights Reserved.
  • 28. Sikich Profile Organization Sikich is a dynamic accounting, advisory, technology, and managed services firm comprised of more than 400 employees. Our firm began in 1982 and is now one of the country’s Top 50 largest CPA firms and Top 100 VARs, operating eight offices. service areas Industries Awards Sikich provides services and solutions � 2012, Accounting Today Top 100 Firms: � Accounting to a wide range of industries. In certain ranked 47th nationally Consulting Services industries, we have devoted substantial � 2012, Accounting Today Regional Leaders resources to develop a significant base – Top Firms: Great Lakes: ranked 7th � Assurance Services of expertise and experience: � 2012, Accounting Today Top 100 Value � Business Valuation � Agriculture Added Reseller (VAR): ranked 12th � Construction � 2012, INSIDE Public Accounting 100 � Dispute Advisory � Employee Benefit Plans Largest Accounting Firms: ranked Services � Government 47th nationally � Graphic Design � Healthcare � 2012, Daily Herald Business Ledger Book Marketing Services � Higher Education of Lists: ranked 3rd, Accounting Firms; � Manufacturing Distribution Chicago Western Suburbs � Human Resource � Not-for-Profit � 2011, Crain's Chicago Business Book of Consulting � Professional Services Lists: ranked 12th, Accounting Firms � Investment Banking � Real Estate � 2011, Chicago Tribune’s Chicago's Corporate Finance � Retail Top Workplaces � 2011, Best and Brightest Company � Retirement Plan Statistics Services to Work For™ Revenues .................................. $64.5M � 012 - 2006, Chicago’s 101 Best and 2 Total Partners .................................... 67 � Tax Services Brightest Companies to Work For Total Employees .............................. 356 � 2010, Accounting Today Best Accounting � Technology Services Total Personnel ................................ 423 Firms to Work For Products Personnel count as of April 12, 2012 � 2009, Best Places to Work in Central � Wealth Management Illinois, sponsored by The Springfield Sikich Total Revenues Business Journal � 2009, 2008, 2006, Sikich designated as member of the Microsoft Business Solutions Inner Circle � 006, 2005 Two Sikich business solutions 2 clients awarded Microsoft Business Solutions Pinnacle award � 2005, Certified Microsoft Dynamics – NAV Partner of the Year 877.279.1900 | info@sikich.com www.sikich.com ©2012 Sikich LLP. All Rights Reserved.
  • 29. Sikich Profile Certifications All professional accounting staff having more than one year of experience have earned or are working toward earning the designation of Certified Public Accountant. Sikich LLP is a member of the American Institute of Certified Public Accountants' Governmental Audit LOCATIONS: Quality Center and the Employee Benefit Plan Audit Quality Center. We adhere to the strict requirements of membership which assure we meet the highest standards of audit quality. Corporate Office In 2011, Sikich LLP received its 8th consecutive unmodified (“pass”) peer review report. 1415 W. Diehl Rd., Suite 400 This is the highest level of recognition conferred upon a public accounting firm for its quality Naperville, IL 60563 control systems. Phone: (630) 566-8400 Chicago, IL 123 N. Wacker Dr., Suite 1500 Chicago, IL 60606 Phone: (312) 648-6666 Microsoft Partner Decatur, IL Sikich has earned a Microsoft ERP Gold competency; ranked among the top 1% of 132 South Water St., Suite 300 all Microsoft Dynamics partners worldwide; and carries the following certifications: Decatur, IL 62523 Phone: (217) 423-6000 � icrosoft Small Business Specialist M � MRMS (Microsoft Retail Management Systems) � CP (Microsoft Certified Professional) M � ISA (Certified Information Systems Auditor) C Denver, CO � CSE (Microsoft Certified System Engineer) M � NE (Certified Novell Engineer) C 6021 S. Syracuse Way, Suite 111 � CNA (Cisco Certified Network Associate) C � MS CSM (Microsoft Customer Service Manager) Greenwood Village, CO 80111 � CDA (Certified Cisco Design Associate) C � MS CAE (Microsoft Certified Account Executive) Phone: (720) 200-0142 � CEA (Citrix Certified Enterprise Administrator) � CDBA (Microsoft Certified Database Admin.) C M Indianapolis, IN 8555 N. River Rd., Suite 300 Indianapolis, IN 46240 Phone: (317) 842-4466 Rockford, IL 6815 Weaver Rd., Suite 100 Rockford, IL 61114 Phone: (815) 282-6565 Sikich is proud to be part of the Leading Edge Alliance Springfield, IL The Leading Edge Alliance (LEA) is the second largest international association of 3201 W. White Oaks Dr., Suite 102 independent accounting firms.* The LEA is an international professional association of Springfield, IL 62704 independently-owned accounting and consulting firms. Members are top quality firms Phone: (217) 793-3363 who share an entrepreneurial spirit and a drive to be the premier provider of professional services in their chosen markets. The Alliance provides Sikich with an unbeatable St. Louis, MO combination: the comprehensive size and scope of a large multinational company while 12655 Olive Blvd., Suite 200 offering their clients the continuity, consistency, and quality service of a local firm. St. Louis, MO 63141 *International Accounting Bulletin, 2011 Phone: (314) 275-7277 LEARN MORE: www.sikich.com/blog Securities are offered through Sikich Corporate Finance LLC, a registered broker dealer with the Securities Exchange Commission and a member of FINRA/SIPC. Advisory services offered through Sikich Financial, 877.279.1900 | info@sikich.com a Registered Investment Advisor. General securities offered through Triad Advisors, Member FINRA/SIPC. www.sikich.com ©2012 Sikich LLP. All Rights Reserved.