DOL and ERPA

[Jean]

After a diligent search, I cannot find any references that an ERPA can represent the plan sponsor (as an example) to the DOL. So that is my question, is the designation recognized by, and have the same weight with, both agencies? Primarily interested in 5500 filing for DC plans only--where the ERPA would be authorized to sign / file the 5500.

Thank you.

[pmacduff]

Funny you should post this question...we had a former client Plan under DOL audit.

DOL person had questions on the whole background; called and spoke with us.

My boss specifically mentioned that we had no ERPAs in the office and was it ok to talk to us anyway?

DOL person first asked what an "ERPA" was and then said that it was fine for him to talk to us!

Who knew!?!

BTW - we are ASPPA designated in our office, just no ERPA....

Don't know about your signing/filing question, though.

[Bill Presson]

In 1990, I got prepared for my very first DOL investigation (audit). I had already been through several IRS audits for clients and had everything organized the exact way with the 2848 on top.

When the DOL rep sat down, I handed him the 2848 and he asked what it was. I told him it was a POA and that was always the first thing I gave the IRS reps.

He said, "We don't care about a POA. We're the Department of Labor and are conducting an investigation. We'll talk to whomever we want and if we don't get answers, we'll get a subpoena."

I never worried about a POA for them again.

[Kevin C]

I've had the same experience. The 2848 and ERPA is for the IRS. With rare exceptions, the DOL doesn't care who they deal with as long as they get the information they want.

[Peanut Butter Man]

ERPAs are granted the limited ability to practice before the IRS by IRS Circular 230. The DOL does not have something similar to IRS Circular 230 and does not recognize the ability to practice granted by IRS Circular 230 to non-attorneys.

This means that the DOL will let you talk to them about a client's situation, but you are doing so as a witness, not as a representative practicing before the IRS. In 99 out of 100 times, the difference doesn't matter until that one time where things turn nasty.

[John Feldt ERPA CPC QPA]

Just remember, there's no such thing as a DOL "audit". These are known as DOL "investigations", a term you might associate with a crime.

With the IRS, it's an "examination", a term that you might consider as uncomfortable or annoying, depending on the type of exam you're thinking about, but these exams are generally not a result of perceived criminal activity.