Benefit Plan Investigations by the Department of Labor

Summary

This practice note discusses what employee benefit plan sponsors and their counsel can do to prepare for and navigate a U.S. Department of Labor investigation or audit (collectively, investigations) of an employer-sponsored employee benefit plan. Investigations often focus on a retirement plan that is subject to the Employee Retirement Income Security Act (ERISA), and its compliance with the statute, particularly ERISA's fiduciary obligations and reporting and disclosure requirements. These investigations can also apply to employee welfare benefit plans, including a group health plan's compliance with the Affordable Care Act (ACA). This practice note will focus on DOL investigations but will also address, to a lesser degree, investigations of retirement plans performed by the Internal Revenue Service (IRS).