Lack of Cooperation by the Employer - Reason 2
Friday, 12 February 2010 14:01

Written By Larry Beebe
Bond Beebe
P: 301.272.6025 E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Refused to Allow the Audit in the Time Period Selected by the Auditor

It is reasonable to ask the employer why the audit cannot be scheduled when it is convenient for the auditor.  If the reason does not appear to have substance, then the plan’s collection attorney can be asked to intervene to gain acceptance of the date planned by the auditor.

If the reason given by the employer appears valid, then ask the employer for alternative dates.  The auditor can then select a date convenient to him/her.  This date should be confirmed in writing and the written confirmation should enumerate what action will be taken by plan trustees if the scheduled audit date is not adhered to.

In these instances where the employer keeps changing the date or appears to refuse to schedule the audit, then the plan attorney must step in and schedule the audit.

 

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