12/1/99: DOL Proposes Regs Imposing New Conditions on Ability of Small Plans to Avoid Annual Audit by Independent Qualified Public Accountant (Department of Labor). Excerpt:This document contains proposed amendments to the regulations
governing the circumstances under which small pension plans are exempt
from the requirements to engage an independent qualified public
accountant and to include a report of the accountant as part of the
annual report under Title I of the Employee Retirement Income Security
Act of 1974, as amended (ERISA). Regulation 29 CFR 2520.104-46 provides
a waiver of the annual examination and report of an independent
qualified public accountant for employee benefit plans with fewer than
100 participants at the beginning of the plan year. The proposed
amendments are designed to increase the security of assets in small
pension plans by conditioning the waiver of the requirements concerning
the engagement of an accountant on enhanced disclosure of information
to participants and beneficiaries and, in certain instances, improved
bonding requirements. This regulatory action is being proposed as a way
of enhancing the security and accountability of small pension plans
because of recent cases involving embezzlement or other
misappropriations of pension assets that have focused national
attention on the potential vulnerability of small pension plans to
fraud and abuse. The proposed amendments do not affect the exemption
for small welfare plans (such as group health plans) under
Sec. 2520.104-46.
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