Wrangle 5500 done easy ERISA

Wrangle is America's #1 most trusted ERISA Reporting Service.

Wrangle’s ERISA Desk Services are available to all brokers & direct clients

verified 5500 forms

Experience Success That Comes With A Qualified 5500 Support Team

got you covered ERISA 5500

We've Got You Covered!

Section 125 Plans

Wraparound Plans

Self-Funded Plans

HIPAA Handbooks

Nondiscrimination Testing (Sections 125 and 105(h))

ERISA Desk

ERISA Desk 2017-01-29T14:36:17+00:00
“This is exactly what we’ve been waiting for. I have been wishing that we could have it all done by one entity for our top accounts in order to consolidate service, lower agency risk of errors & omissions, increase departmental efficiencies, and increase levels of excellence in key client service.”
C.G, Employee Benefits Manager/Producer from a national brokerage firm

Welcome to ERISA Desk

Preparing the Health and Welfare Form 5500 is really only telling half of the story of a group health and welfare plan. Wrangle now offers plan document services to tell the full story. With ERISA Desk, Wrangle provides our clients with well-established, audit-tested plan documents intended to meet the requirements of various federal laws and regulations, most notably, the Employee Retirement Income Security Act of 1974 (ERISA).

ERISA requires employers providing group health and welfare benefits to their employees to maintain written plan documents describing the terms and conditions of its benefit plans and to distribute a corresponding Summary Plan Description (SPD) to plan participants and beneficiaries. All employer welfare plans, (regardless of employer size), except government and church plans, are subject to these reporting and disclosure requirements of ERISA.

Many employers use a wraparound plan document and SPD to satisfy other laws: Health Insurance Portability and Accountability Act (HIPAA), the Family and Medical Leave Act (FMLA), the Affordable Care Act (ACA).

Wrangle’s ERISA Desk Services for Plan Documents

  • Prepare customized plan documents ensuring compliance with various federal laws
  • Answer technical questions
  • Thorough review of drafts by legal specialist before sending to Broker/Client
  • Allow Broker/Client time to review drafts to make any changes at no extra fee
  • Annual and As Needed review of Plan Documents by an ERISA Attorney
  • Amendment and SMM services for plan changes

Cost for the Plan Document Package
per ERISA Plan: $500

Thank you for your interest in Plan Documents!

Have a quick question?

I always respond as quickly as I can. Due to the nature of plan documents, it is always good to add information in the form below. Please do not hesitate to add your phone number and I will call you back as quickly as possible.

– Emily Marr

Wrangle ERISA Desk Plan Documents

Document Preparation Process

Learn more on how you can get started on ERISA Desk Today!

A Message from Emily Marr

Hello and Thank you for your interest in Plan Documents. Please fill out the form to the right if you would like to learn more about our services which also include HIPAA Handbooks and Nondiscrimination testing (Section 125 and 105 (h)). I will be in touch with you within the next 48 hours.

Your Name (required)

Your Company Name

Your Email (required)

Your Phone

Your Message

To Learn More About the Plan Document and SPD (see below)

ERISA Desk - You can enjoy your coffee

With ERISA Desk
You can enjoy your coffee!

You don’t know how much time and stress you are saving me. Thank you.
RT, EB Consultant, Irvine, CA
Thank you for taking such good care of us.
DC, Senior Account Manager, Charlotte, NC
Thanks for all of your help as you and your team prepared scores of our client’s filings. We are so grateful for all that you do.
AM, Technical Resource Analyst, Walnut Creek, CA
Thank you. It has been great working with you. This was the best 5500 season of my long career!
DO, Senior Account Manager, Portland, OR
Thanks Kari, you are awesome!! I am always impressed with how quickly you respond and what a great job you do.”
CB, Account Executive, Woodland Hills, CA
You rock! Thanks so much!
NM, Plan Sponsor, San Mateo, CA
“You are the very best!! Thanks a million.”
PB, Benefit Analyst, Los Angeles, CA
You folks are making this process so easy for us. Thank you.”
SG, Manager EB Practice, Portland, OR
We are providing our clients with a great service by utilizing your expertise for the H&W Form 5500. Thank you!
LJ, EB Consultant, Boston, MA
“This is excellent service. I appreciate your handling this so quickly. Thank you.”

LM, Account Manager , Plymouth, MN
“Thanks again for all of your help and making my life so easy….I wish everyone in our industry worked like you.”

SF, President, Los Angeles, CA

A Wraparound Plan Document’s Purpose

  • The Employee Retirement Income Security Act of 1974 (ERISA) requires that a plan sponsor maintain official written plan documents describing the terms and conditions of its health and welfare plans.
  • Group policies, booklet certificates, or EOCs, whether treated individually or taken together, do not meet the written plan requirement under ERISA Section 402(a).
  • The absence of a written plan document (often referred to as a wraparound plan document) is a per se violation of ERISA Section 404(a)(1)(D), thus subjecting the employer to possible penalties (penalties are discussed on slide 34).

The All Important SPD

  • The Summary Plan Description (SPD) is probably the most important document required by ERISA.
    • Main vehicle for communicating plan benefits and rights/ obligations to plan participants and beneficiaries.
    • Often enforced over plan document in legal cases.
  • Since most booklets and EOCs fail to contain all information required by ERISA, it is important to distribute the SPD to bring the plan into compliance.
  • The SPD is also a vehicle for distributing participant notices required by other federal laws:
    • COBRA, HIPAA, ACA, FMLA, USERRA, QMCSO, Michelle’s Law, MHPAEA, WHCRA, NMHPA, GINA, etc.

 

SPD Distribution Requirements

The Wrangle SBD Bow
Within 90 days of initial coverage (i.e. new hires)
Within 120 days after the plan is established
Every 5 years an updated SPD must be prepared and distributed
Upon request

Additional Information about Wraparound Plans and SPD

The SPD is probably the most important document required by ERISA. The SPD is the main vehicle for communicating plan benefits, rights and obligations to participants and beneficiaries, and it will often be enforced over the plan document, which is typically not disclosed to covered individuals. Since most booklets and EOCs fail to contain all the information required by ERISA, it is important to distribute the SPD to plan participants to bring the booklets into compliance with ERISA’s SPD requirements. The booklet/EOC provided by each insurer or health plan service organization will provide a full description of the plan of benefits, their limitations, and the policyholder’s eligibility rules.

Whom to Furnish SPD Documents:

  • Covered employees (but generally not spouses or dependents).
  • Other possible recipients include:
    • COBRA-qualified beneficiaries;
    • Custodial/parent guardians of minor children under a QMCSO;
    • Covered retirees or their covered surviving spouses/dependents.

When to Furnish SPD Documents

  • Within 90 days of initial coverage (i.e. new hires);
  • Within 120 days after the plan is first established;
  • Every 5 years an updated SPD must be prepared and distributed, replacing the prior version;
  • Upon request.

Summary of Material Modification. Plan Administrators can modify SPDs that are less than five years old by preparing and distributing a Summary of Material Modification (SMM) to plan participants either 210 days after the end of the plan year in which the change is adopted or 60 days (if there is a significant reduction in benefits).

  • Electronically using the DOL’s electronic distribution rules;
  • First-class mail
  • Second- or third-class (w/ return/forwarding postage guaranteed and address correction requested)
  • Inclusion in company publications if the mailing list includes all covered participants and a notice is added to the cover announcing that the SPD is contained in the publication;
  • Hand-delivery at the worksite (keep a log)

Determining whether an SPD was furnished to a participant or beneficiary is an important issue in litigation. An employer should be prepared to prove that it furnished one in a way “reasonably calculated to ensure actual receipt,” using a method “likely to result in full distribution.”

Requirements for employees with work-related computer access—Definition of work-related computer access: Employees have the ability to access documents at any location where they reasonably could be expected to perform employment duties. In addition, access to the employer’s electronic information system must be an integral part of their employment duties.

  • Electronic materials must be prepared and delivered in accordance with otherwise applicable requirements (e.g., timing and format requirements for SPDs as outlined under ERISA.)
    A notice must be provided to each recipient, at the time that the electronic document is furnished, detailing the significance of the document.
  • The notice must advise the participant of their rights to have the opportunity, at their work site, to access documents furnished electronically and to request and receive (free of charge) paper copies of any documents received electronically.
  • The employer must take appropriate measures to ensure the electronic distribution will result in actual receipt of information by the participants (i.e. return-receipt.)
  • If the disclosure includes personal information relating to an individual’s accounts and benefits, the plan must take reasonable and appropriate steps to safeguard the confidentiality of the information.

Additional requirements for non-employees or employees with non-work related computer access –

  • Affirmative consent for electronic distribution must be obtained from the individual. Before consent can be obtained, a pre-consent statement must be furnished that explains:
    • The types of documents that will be provided electronically;
    • The individual’s right to withdraw consent at any time without charge;
    • The procedures for withdrawing consent and updating information (e.g. updating the address for receiving electronic disclosure);
    • The right to request a paper version and its cost (if any); and
  • The hardware and software requirements needed to access the electronic document.
    The regulations permit the pre-consent statement to be provided electronically if the employer has a current and reliable e-mail address.
  • If system hardware or software requirements change, a revised statement must be provided and renewed consent from each individual must be obtained.
  • If the documents are to be provided via the Internet, the affirmative consent must be given in a manner that reasonably demonstrates the individual’s ability to access the information in electronic form, and the individual must have provided an address for the receipt of electronically distributed documents.
  • The employer must keep track of individual electronic delivery addresses, individual consents and the actual receipt of e-mailed documents by recipients.
Placing the SPD on a company website will satisfy the electronic distribution rules if the plan administrator (1) uses appropriate and necessary means to ensure that posting the SPDs on a company’s website results in actual receipt; (2) prepares and furnishes the SPDs in accordance with all applicable SPD requirements (e.g., timing and format requirements); (3) provides a written or electronic notice to employees directing them to the website, at the time the SPD is posted, and describing the SPD’s significance and the right to request a paper copy; and (4) provides a paper copy of the SPD on request without charge.

Taking “appropriate and necessary” measures to make sure the posting of SPDs on a company’s website results in actual receipt could include—

  • Adding a prominent link from the website’s homepage to the separate section that contains the SPDs;
  • Providing directions on the website for how to replace a lost or forgotten password to the extent one is needed; and
  • Maintaining the SPDs on the website for a reasonable period of time following notice to employees of their availability.

ERISA Desk works closely with ERISA attorneys to ensure the legal integrity of the wraparound plan documents we prepare. Although ERISA Desk goes to great lengths to ensure our employee benefits consulting services provide accurate and useful information, we do not offer legal or tax advice.