The Department of Labor oversees many aspects of labor and employment, as illustrated by this organizational chart. One division of the DOL, the Employee Benefits Security Administration (EBSA), deals specifically with the protection of employee benefit plans.
The EBSA was created under the ERISA Act of 1974 in order to protect financial plans created for the benefit of employees and their beneficiaries.
Employee Benefit Plan Audits are typically very complex, existing in a highly regulated environment of DOL, IRS, and other regulations. An unacceptable percentage of plan audits fail to meet professional standards each year. The firms which perform a substantial amount of work dealing with ERISA audits tend to comply with the applicable standards. By comparison, the majority of violations are committed by practitioners who only perform a small number of ERISA audits and are therefore less familiar with the applicable standards.
The DOL is engaged in an ongoing program to evaluate the quality of employee benefit plan audits. Their responsibility extends to more than 6,000 CPA firms who audit in excess of 80,000 retirement and welfare benefit plans. The DOL uses a variety of strategies to review audit work. They conduct firmwide, more holistic inspections of firms with large benefit plan practices and review engagements of a sample of firms with smaller practices.
Audit work that fails to meet professional and regulatory standards may result in the rejection of the client’s Form 5500 Annual Report filing and the referral of the CPA to their state board of accountancy and the AICPA’s Professional Ethics Division. Prior to 2015, the DOL referral process included state boards of accountancy only to the extent that the AICPA did not have jurisdiction. Since 2015, the applicable state board of accountancy is an addressee on each such referral.
The DOL may share limited information regarding its inspection with the appropriate board of accountancy and the AICPA, provided the licensee has signed a consent with the DOL. However, the DOL does not share detailed information on its inspection with the appropriate board.
For cases the AICPA is investigating, or has investigated, the board may gain access to the AICPA’s investigatory files in one of two ways:
Option 1 – With Cooperative Enforcement Agreement:
1. A Cooperative Enforcement Agreement is in place between the AICPA and the respective board of accountancy.
Option 2 – Without Cooperative Enforcement Agreement
1. The board learns of the AICPA’s investigation.
Most Boards are authorized to request such information from their licensees, and can also discipline the licensee solely upon a failure to cooperate with the Board in such situations.
For assistance with an AICPA Cooperative Enforcement Agreement or consent form, please contact NASBA’s Regulatory Affairs Manager at firstname.lastname@example.org.
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