Caron Bletzer, PLLC  ·  ERISA Audit Specialists
The Plan Sponsor's Guide to
Navigating Your First

ERISA
Audit

A Comprehensive Readiness Kit for 401(k) and 403(b) Plan Sponsors

Audit Readiness DOL Compliance Plan Governance
Executive Summary

Reaching the threshold that triggers your first ERISA audit is a significant milestone indicating company growth — but it also introduces a complex layer of regulatory scrutiny.

This comprehensive readiness kit demystifies the DOL and IRS audit requirements by outlining exact timelines, detailing the documents you must gather, highlighting severe operational pitfalls, and introducing collaborative technologies like the Atlura platform.

Plan sponsors will learn how to transform a potentially disruptive investigation into a streamlined, predictable process.

01

The Trigger: Understanding Your Audit Requirements

The Department of Labor's Employee Benefits Security Administration (EBSA) mandates that "large" employee benefit plans undergo an annual independent financial statement audit performed by a qualified Certified Public Accountant (CPA).

The Shift in Participant Counting Methodology for Defined Contribution Plans

Historically, determining if you were a "large" plan depended on the number of eligible employees, which often penalized companies with generous eligibility but low participation. For plan years beginning on or after January 1, 2023, the DOL instituted a critical methodology change:

  • The New Rule:  Only participants with an account balance at the beginning of the plan year are counted toward the 100-participant threshold.
  • Who is Included:  This revised count includes actively contributing employees, as well as separated, deceased, or retired employees whose assets remain in the plan.

The 80-120 Rule

The transition between filing a Form 5500-SF (Small Form, no audit required) and a standard Form 5500 (Large Form, audit required) is governed by the 80-120 rule. If your plan filed a Short Form 5500 in the preceding year, it remains exempt from the audit requirement until the participant count strictly exceeds 120 on the first day of the current plan year. Conversely, if your plan was previously classified as a large plan and has already been subject to an audit requirement, it may continue filing as a large plan until the participant count falls below 80 — meaning a plan between 80 and 120 participants is not required to switch filing status in either direction.

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Key Takeaway

If you filed a 5500-SF last year with fewer than 121 participants at the start of the current year, you may still qualify for the small plan exemption — even if you cross the 100-participant mark during the year.


02

The Audit Process and Timeline

A first-time plan audit can induce organizational anxiety, primarily because the auditor will typically need to review historical records going back several years to establish accurate opening balances. This means you should retain and be prepared to produce recordkeeper and payroll files from prior plan years.

The audited financial statements must be attached to your Form 5500, which is due on the last day of the seventh month after the plan year ends (e.g., July 31 for a calendar year plan), though an extension can push this to October 15.

Multi-Year
Historical Review
July 31
5500 Filing Deadline
Oct 15
Extended Deadline

The Three Phases of Your Audit

1
Phase 1 — Pre-Audit Planning

Your audit firm will provide a detailed document request list through the Atlura platform well in advance of fieldwork. The audit team works directly with your Recordkeeper and Third-Party Administrator (TPA) to aggregate data, and can add them directly to the Atlura platform as well.

2
Phase 2 — Fieldwork (Selection and Testing)

An initial planning call with your HR, Payroll, and Finance teams allows auditors to document your internal controls and assess fraud risk areas. Following this, the auditor selects a sample of participants and tests their individual transactions against your legal plan document. The actual testing and sampling phase duration will vary based on plan size, complexity, and the completeness of your submitted documents.

3
Phase 3 — Reporting

The auditor issues the final auditor's report along with the final financial statements and a Governance Letter. The Governance Letter outlines internal control and operational deficiencies uncovered and provides actionable recommendations for improvement. Some findings may also be communicated verbally during the course of the engagement.


03

The Audit Prep Checklist

Efficient preparation starts with document readiness. To ensure a frictionless audit, begin gathering these documents in your centralized fiduciary file long before the auditor requests them.

Plan Governance & Administration
Executed base plan document, adoption agreement, and all subsequent amendments
Current IRS opinion or determination letter
Summary Plan Description (SPD) and any Summaries of Material Modifications (SMM)
Retirement or investment committee meeting minutes and investment policy statement
Loan program documents and all applicable executed service, trust, custodial, and investment-related agreements
Financial & Reporting Packages
Annual reporting package from your recordkeeper/custodian, including a 103(a)(3)(C) certification from your qualified institution, if applicable
Rollover, distribution, and loan reports detailing individual participant transactions
Annual participant benefit statements
Statements of Net Assets Available for Benefits and Statement of Changes to Net Assets
Draft Form 5500 and non-discrimination compliance testing results
Participant Data & Contribution Testing
Employee Census: demographic information (dates of birth, hire dates, termination dates), YTD compensation, and contributions by source
Schedule of Contributions: employee deferrals, employer matching, loan repayments, and use of forfeitures by pay period
Contribution remittance schedule evidencing the exact dates on which employee deferrals were transmitted to the plan
Sample Testing Documentation (Once Participants Are Selected)
Form I-9s to verify identity, birth dates, and dates of hire (DOH)
Detailed payroll reporting and individual pay stubs
Signed or electronically approved requests for deferral elections, withdrawals, rollovers, and loans

04

Top Operational Frictions and Fiduciary Pitfalls

Your auditor will communicate findings related to operational defects directly to you as the plan sponsor. Based on DOL enforcement data and standard audit findings, plan sponsors should proactively monitor these high-risk areas:

Late Deposits of Deferrals

The single most frequently penalized misstep. ERISA mandates that participant contributions be deposited into the plan as soon as they can reasonably be segregated from general corporate assets. Manual human intervention in payroll processing is the primary vector for these remittance failures.

Incorrect Definition of Compensation

Discrepancies in applying the definition of compensation — such as inadvertently including or excluding bonuses, commissions, and overtime contrary to the legal plan document — are among the most common audit findings.

Uncashed Checks and Missing Participants

Millions of dollars sit in uncashed checks issued from retirement plans. You remain a fiduciary for funds left behind by missing or unresponsive terminated employees and must document a robust search process to avoid DOL scrutiny.

The Forfeiture Account Scrutiny

A massive wave of aggressive class-action litigation has recently emerged regarding how employers use forfeitures of non-vested contributions. Plaintiffs are arguing that using these funds to offset employer contributions, rather than paying plan administrative fees, violates fiduciary duties. Your auditor will heavily scrutinize your forfeiture balances.

No Dedicated Fiduciary Committee

One of the most common governance gaps among smaller plans is the absence of a dedicated retirement or investment committee. Without a formal committee structure, plan sponsors often lack documented evidence that fiduciary responsibilities — such as investment menu reviews, fee benchmarking, and plan amendment approvals — are being performed and recorded. Auditors and the DOL expect to see consistent, written documentation of these oversight activities.

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Legislative Audit Testing Focus: SECURE 2.0

The SECURE 2.0 Act introduces significant mandatory amendments that auditors will probe during fieldwork — including mandatory automatic enrollment for new plans, expanded coverage for long-term part-time employees, and updated catch-up contribution requirements for highly compensated earners. Unlike the operational issues above, these are not errors a sponsor has made, but areas where your plan's current administration must be verified against the applicable effective dates and your plan document amendments.


05

Technological Transformation: The Atlura Platform

The sheer volume of sensitive data, strict regulatory timelines, and the multitude of disparate stakeholders involved in an ERISA audit (Sponsor, Advisor, TPA, Recordkeeper, CPA) create an environment highly susceptible to communication breakdowns and data loss.

Traditional workflows relying on encrypted emails, fragmented Excel spreadsheets, and disparate file-sharing portals invariably lead to miscommunication, lost documents, and heightened "audit fatigue." The industry is rapidly shifting toward collaborative technological ecosystems like the Atlura platform to streamline this burden.

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Centralizing the Request List and Workflow

A collaborative platform architecture replaces static PDF checklists with dynamic, interactive project management workflows. Within the Atlura environment, the auditor's extensive Request List is digitized into a tracked, highly visible dashboard. As you upload executed plan documents, payroll information, and complex census data, the platform automatically routes the documentation to the relevant stakeholder for immediate review.

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Seamless Ecosystem Collaboration

The platform eliminates the silos between your internal HR/Finance departments, your financial advisor, and your external TPA. If an auditor flags a missing trust report or needs clarity on a payroll integration, your advisor can monitor the portal in real-time and intervene to procure the necessary data without bottlenecking the sponsor.

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Proactive Document Readiness

Atlura serves as a secure document exchange hub for the duration of your audit engagement — not a permanent fiduciary file. Your audit team will download and retain the documents needed for the audit file, then purge the platform once the engagement is complete. Plan sponsors should maintain their own complete fiduciary records, including committee minutes, fee benchmarking reports, and investment policies, in their own secure repository.

Get Started

Ready to Simplify Your First ERISA Audit?

Contact Caron Bletzer, PLLC to discuss how our team of dedicated ERISA specialists can guide you through the process.

Website bletzer.com
Phone +1 (603) 324-8310