Amending 5500's from 2011 thru 2015

[Deaconmomma]

I have a plan that was filed as a Multi-Employer Plan from 2011 to 2015 but now the ERISA attorney says it is a Single Employer Plan because it is considered a Controlled Group. Not sure of the history of why this was changed as it was filed as a Single Employer in 2010 but changed in 2011.

How and what do I do to Amend these filings. It is a large Plan requiring an audit not sure if that makes a difference or not.

[BG5150]

Did you office do all the filings? That would be nice. Just prepare amended Form 5500's and upload the whole form & schedules & audit. (after getting the required signatures, of course)

Otherwise, you'll probably have to re-type it all into your software.

Does anything in the audit even mention single- vs multiple-employer? Even so, I do not think it would be material, requiring an amended audit.

[Deaconmomma]

Yes, we did do all the 5500's. The administrator who worked thru this when we took the plan over, evidently determined that it was a Multiple-employer but I cannot find any notes as to why.

The Audit does not mention anything regarding single vs multiple. I did check to see. Is there a way I can find out from the DOL if all the forms should be amended. I searched the website but did not find anything.

Thanks

[Flyboyjohn]

In my shop we would not consider this change material enough to recommend filing amended returns (of course letting the client make the final decision)

[BG5150]

I agree with FBJ. But I figured when the term ERISA attorney was mentioned that they brought it up.

With EFAST, you need to file everything again.

[Deaconmomma]

Thanks guys for your help. Would like to follow your advice, but am sure attorney will say amend.

Am also checking with my Document Providers Internal 5500 people to see what they say and then I will go to client.

Have a great weekend.