Does the DOL Have a Program for Correcting 401(k) Plan ERISA Mistakes?

For retirement plans (including 401(k) plans), there are 17 specified fiduciary breaches that can be corrected by application to the VFC Program. (One of these can be self-corrected in certain situations, and eligible inadvertent loan failures may also be self-corrected. Two other correctable breaches relate solely to welfare benefit plans.) Eligible breaches include delinquent remittance of participant contributions and loan repayments; various loan failures, including loans at below market interest rates and failures to comply with the lending plan’s provisions for the amount, duration, or level amortization of loans; certain impermissible purchases and sales of plan assets; failures to properly value plan assets when making distributions; and improper payments of compensation and plan expenses.

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