Ensure each employee benefit plan governed by ERISA has a formal, written plan document that includes all required provisions under ERISA Section 402, such as the basis for benefit payments, the amendment and termination procedure, and the plan year.

Provide an SPD written in a manner calculated to be understood by the average plan participant, covering plan benefits, participant rights, claims procedures, and ERISA rights, within 90 days of becoming a participant or 120 days of plan establishment.

When material changes are made to a plan, distribute an SMM to participants within 210 days after the end of the plan year in which the change was adopted, or provide an updated SPD that incorporates the modifications.

Review plan documents and their corresponding SPDs to ensure consistency in all material terms, since courts may hold the employer to the more generous provision when conflicts exist between the two documents.

Retain all plan documents, SPDs, SMMs, and amendments for at least six years after the filing date of any Form 5500 that references the documents, as required by ERISA Section 107.

Provide copies of the latest SPD, plan document, trust agreement, and other plan instruments to any participant or beneficiary who makes a written request, within 30 days of the request, and charge no more than a reasonable reproduction cost.

Submit the appropriate annual return/report (Form 5500 for large plans with 100 or more participants, or Form 5500-SF for small plans) electronically through the DOL's EFAST2 system by the last day of the seventh month following the end of the plan year.

Include applicable schedules such as Schedule A (Insurance Information), Schedule C (Service Provider Information), Schedule H or I (Financial Information), Schedule R (Retirement Plan Information), and the actuarial schedules for defined benefit plans.

Engage an independent qualified public accountant to audit the financial statements of any plan with 100 or more participants at the beginning of the plan year, and attach the auditor's report and opinion to the Form 5500 filing.

If unable to file by the due date, submit Form 5558 to the IRS before the original deadline to obtain an automatic 2.5-month extension for the Form 5500 filing.

Provide the SAR to all plan participants and beneficiaries within nine months after the end of the plan year (or two months after the extended Form 5500 due date), summarizing the plan's financial activities and participant rights.

If any Form 5500 filings are delinquent, use the DOL's Delinquent Filer Voluntary Compliance Program (DFVCP) to file late returns with reduced penalties before the DOL initiates enforcement action.

Determine who qualifies as a fiduciary under ERISA (any person who exercises discretionary authority or control over plan management, assets, or administration) and document their specific responsibilities, including named fiduciaries designated in the plan document.

Confirm that all fiduciary decisions are made for the exclusive purpose of providing benefits to participants and beneficiaries and defraying reasonable plan expenses, applying the prudent person standard of care in all actions.

Review the plan's investment portfolio to ensure adequate diversification across asset classes and investment managers, in accordance with the ERISA prudent diversification requirement, unless it is clearly prudent not to diversify under the circumstances.

Regularly review and benchmark fees paid to plan service providers (recordkeepers, investment managers, TPAs, and advisors) against industry standards to ensure they are reasonable for the services rendered, fulfilling the fiduciary obligation under ERISA Section 408(b)(2).

Adopt and follow a written investment policy statement that outlines the plan's investment objectives, asset allocation targets, fund selection criteria, monitoring procedures, and the process for replacing underperforming investments.

Provide regular training to all individuals serving in a fiduciary capacity on their ERISA obligations, including the duty of loyalty, duty of prudence, prohibited transaction rules, and personal liability exposure for fiduciary breaches.

Ensure that every fiduciary and every person who handles plan funds or other property is bonded under an ERISA Section 412 fidelity bond in an amount not less than 10 percent of the amount of funds handled, with a minimum bond of $1,000 and a maximum of $500,000 (or $1,000,000 for plans holding employer securities).

Confirm the bond is issued by a surety company listed on the Department of the Treasury's approved list, names the plan as an insured party, and covers losses due to fraud or dishonesty by the bonded persons.

Review all plan transactions to ensure no prohibited transactions occur between the plan and parties in interest, including sales or exchanges of property, loans, furnishing goods or services, or transfers of plan assets to a party in interest.

When a transaction involves a party in interest, determine whether a statutory or class exemption (such as PTE 84-14 for QPA managers or PTE 2020-02 for investment advice) applies, and document the basis for relying on the exemption.

If a prohibited transaction is discovered, take corrective action promptly, consider using the DOL's Voluntary Fiduciary Correction Program (VFCP) or the IRS Employee Plans Compliance Resolution System (EPCRS) to self-correct the violation and minimize penalties.

Implement written claims procedures that comply with DOL regulations under 29 CFR 2560.503-1, including timeframes for initial claims decisions (30 days for disability, 72 hours for urgent care, 15 days for pre-service, 30 days for post-service), full and fair review on appeal, and specific adverse benefit determination notice requirements.

Ensure that every claim denial notice includes the specific reasons for the denial, references to the plan provisions relied upon, a description of additional material needed and why, a description of the plan's appeal procedures, and a statement of the claimant's right to bring a civil action under ERISA Section 502(a).

Review and decide appeals within the regulatory timeframes (45 days for disability claims with one 45-day extension, 72 hours for urgent care, 30 days for pre-service, 60 days for post-service), ensuring the review is conducted by someone other than the initial decision-maker.

Upon request, provide claimants with copies of all documents, records, and other information relevant to their claim for benefits, including internal rules, guidelines, and protocols used in making the adverse determination, free of charge.

For group health plan claims subject to the ACA, implement a federal external review process (or comply with a state external review process that meets minimum federal standards) allowing participants to appeal adverse benefit determinations to an independent review organization.

Retain documentation of all benefit claims, supporting materials, decisions, appeal requests, appeal decisions, and related correspondence for each plan for the period specified in the plan document or at least six years after the date of the decision.

Perform a comprehensive annual review of all ERISA-governed plans to verify plan documents are current, Form 5500 filings are timely, fidelity bonds are adequate, SPDs are distributed, and claims procedures are operating properly.

Track regulatory updates, enforcement guidance, advisory opinions, and proposed rules from the DOL Employee Benefits Security Administration, IRS, and PBGC that may affect plan administration, fiduciary obligations, or reporting requirements.

Compare actual plan operations (eligibility determinations, contribution calculations, benefit payments, vesting calculations) against the written plan document and ERISA requirements to identify and correct any operational failures.

Consult with experienced ERISA counsel when addressing complex issues such as plan mergers, terminations, fiduciary litigation, prohibited transaction corrections, or IRS and DOL audit responses to ensure proper legal analysis and risk mitigation.

Maintain a compliance log documenting all significant plan administration decisions, identified compliance issues, corrective actions taken, and the rationale for each decision, creating a record that demonstrates a culture of good-faith compliance.