Due Diligence Summary
To begin preparation of a Due Diligence Summary we
generally request copies of the following materials be forwarded
to our attention:
- Any employee handbooks given to new employees,
or any internal employment policies and procedures.
- Any materials provided to new employees to explain
an employer's benefit programs, and any individual elections,
including Election Forms.
- All plan documents for qualified retirement, medical,
Section 125, short‑term and long‑term disability,
life insurance, severance and other welfare plans.
- All Summary Plan Descriptions ("SPDs")
for the above plans.
- Any documents for nonqualified retirement programs
and other supplemental benefits.
- All incentive and nonqualified stock option plans,
and documents for any Section 423 employee
- stock purchase plans.
- Copies of the most recent Form 5500s filed for
all pension and welfare programs
- Copies of all COBRA and HIPAA Forms, certificates
and compliance procedures.
Upon receipt of the above information we prepare a
Draft Due Diligence Summary for purposes of discussion. The Draft
Summary includes the following:
- A listing of all pension and welfare employee benefit
plans, payroll practices, fringe benefits, etc.
- The identification of all plans subject to the
tax rules under the Internal Revenue Code and/or the provisions
of ERISA.
- For each plan and policy we reflect if any Form
5500, Summary Annual Reports ("SARs"), SPD or other
reporting and disclosure requirements must be satisfied.
- A review of the current status of all plan documents
is conducted
- Comments are provided for most employment policies
and procedures.
- Recommendations on plan design, liability, and
other cost savings and planning opportunities are highlighted
for consideration by the employer.
After preparation of an initial Draft Summary we will
conduct a meeting and/or a conference call to review the Draft Summary.
This process is typically a learning experience for all parties,
and helps to ensure that no plans are overlooked and that all issues
are adequately addressed.
|