Department of Labor investigation procedures?

[Pension Panda]

Client received a phone call from a DOL Investigator. Investigator indicated the 3 person profit sharing plan was being investigated in what she called a voluntary audit. Client chatted with Investigator for approx. 30 minutes and after giving her some additional contact information, hung up and gave us a call. A few days later, Investigator sent an email to Client with a standard list of items she wanted to look at: ERISA bond, copy of plan document, participant statements with SSNs removed, etc. etc.

We are not accustomed to receiving a request for this type of information via email. We called Investigator using the phone number given in the email and were told DOL was trying to modernize their methods of conducting an investigation. She said they no longer use paper if email will work. Has anyone else encountered this as standard practice now, or did we encounter a particularly modernized government Investigator?

Forgive the paranoia, but we like to see a formal DOL seal on the paper before we send off information to just anybody.

[Belgarath]

We have not yet had this experience. But in our case, we send information to wherever the Plan Administrator/Trustee directs us to send it. So if the PA has no problem with it, that's fine with us. However, if I were the PA, I would share your concern.

[Kevin C]

Our most recent DOL audit started in October 2010 with phone calls followed by a faxed list.

If you want to make sure everything is as it seems, you can look up the DOL regional office phone number on their website and call the agent using that number.

[Peter Gulia]

Last year I handled an EBSA investigation that, after my first letter (which set up my role as the target's attorney), was conducted entirely by e-mail.

However, for beginning a response to an investigation, it's good practice to confirm, with the right supervisor or director and independently of the investigator who presents himself or herself, that the chain-of-command has authorized the investigation or inquiry. And you want to find out whether it's a P-53, 43, 47, 48, 52, or some other track.

For a Benefit Advisor's easy Benefit Assistance inquiry, one might use less formality (but not for anything that poses a security or privacy risk).