My expertise in qualified retirement plan compliance includes helping clients to correct 401(k) plan errors through programs such as:

-         EPCRS, the Internal Revenue Service Employee Plans Compliance Resolution System;

 -         the Department of Labor Delinquent Form 5500 Filer Program;

 -         VFC, the Department of Labor Voluntary Fiduciary Correction Program, and

 -         assisting with client responses to IRS or DOL audits of qualified retirement plans

 During a typical day, I might help clients with any of the following problems:

 ·        Reviewing and understanding both old and new 401(k) plan documents

 ·        Understanding and, if necessary, correcting 401(k) plan operational and administrative errors

 ·        Advising a client who has not filed a 401(k) Form 5500 (Annual Report) on time, or perhaps has not filed one at all for certain plan years

 ·        When a client has not timely turned over employee salary deferrals to the 401(k) plan’s trust, advising the client about the required Department of Labor correction and any IRS forms that need to be filed

 ·        When a client’s 401(k) plan reaches a certain size (generally 100 participants) it is required to obtain an auditors’ opinion from a public accounting firm. This accounting firm “audit” can often reveal numerous plan operational errors that occurred in the plan years before the audit. In this case, IRS corrections are usually required, and I can guide clients through this process

 ·        Clients may receive a letter from the IRS or DOL that their 401(k) plan is being audited (this audit is not the same as the accounting firm “audit” discussed above). In such cases, I am able to guide clients through the audit process

 ·        If a client’s business is shutting down, I can help them with the required termination and windup of the client’s 401(k) plan

 ·        When a client becomes involved in a merger or acquisition, it will normally be represented by a larger corporate law firm throughout the process. However, not all such firms also have ERISA counsel, and in such a case, I can step in and assist the client and the client’s attorneys.

I am happy to schedule an initial phone or Zoom consultation with you at no charge.

 Contact information:

Email: monacleelaw@gmail.com (Please email me a detailed message and I’ll get back to you as soon as possible)

Website: www.monacleeerisalaw.com

Bar Membership and Education

Member, State Bar of California

J.D., University of Texas at Austin, 1983

M.B.A., University of Texas at Austin, 1978

B.A., Austin College, 1974