Lack of Cooperation by the Employer – Reason 4

Posting by Larry Beebe, CPA

Calls and Attempts to Reschedule

Within the plan agreement and declaration of trust, there should be a provision dealing with payroll audits.  This provision should discuss the records the employer should produce for the payroll auditor.  The provision should also state that the employer has an obligation to allow a payroll audit to be performed and that once scheduled an employer cannot call at the last minute (except for a valid emergency) and attempt to reschedule without penalty.  Often the penalty specified is to make the employer pay for the payroll audit regardless of the findings of the audit.  Such a provision is often very effective in preventing last minute cancellations.

If the audit must be rescheduled, it should be done at a date convenient to the payroll auditor.  All communication with the employer should be documented and communication of the difficulty in rescheduling the audit should be made to fund counsel.

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