ERISA Compliance | HR & Compliance | Member Benefits | The Small Business Association of Michigan

ERISA Compliance

ERISA and ACA Compliance Services

ERISA sets minimum standards for retirement and health benefits plans.  
Are you in compliance? 

ERISA regulations have been expanded over the years to include additional health laws, including COBRAHIPAA and the ACA.  Many small businesses don't think that the Department of Labor (DOL) will target them for an audit, but there has been a noticeable increase in the number of small and medium-sized businesses receiving audit notices regarding ERISA and the ACA. 

Several Compliance Packages To Choose From

SBAM Premium members have access to free online and discounted ERISA audit help and ERISA compliance assistance through our expert partner, Kushner & Company.  

Log in now to access the free online compliance information.  Not a member?  Join now!

To sign up for the paid ERISA and ACA compliance consulting please complete the enrollment form and agreement and submit both to the attention of Kellie Neirynck, Director of Agent Services. 

Enrollment Form

Questions?  Please contact Kellie Neirynck at (800) 362-5461 ext. 206. 

Free Online Compliance Services

To begin the do-it-yourself ERISA compliance process right now, please log in as a Premium member.  Not a member yet?  Click here to join

As a Premium member, you'll have online access to the following ERISA regulation guidance that will help you become and stay compliant:

  • 29 EBSA Audit Questions
  • Self-Assessment Checklist
  • ERISA Employers Responsibilities Grid
  • 'Ask An Expert' Web Portal
In addition to the ERISA plan assistance outlined above, Premium members also receive our free Guide to Understanding ERISA

Still need more help?  Check out the consulting services available below.

Paid Compliance Consulting Services

As a Premium member, you'll have online access to the following ERISA regulation guidance that will help you become and stay compliant:SBAM Premium members can connect with our partners who are experts in the industry and offer a full ERISA and ACA compliance assessment as well as specific issue consultation, including ERISA guidelines review.  All of the ERISA violation guidance services are offered at special discounted prices.  There are three essential parts within the consulting services available to members:

Part I:  
  • Complete review of all applicable plan documents and SPDs
  • Review of current Summary of Benefits and Coverage
Part II: 
  • Determination of Applicable Large Employer status
  • Review existing health plan for Minimum Essential Coverage, Minimum Value, and Affordability parameters
  • If applicable, determine potential for employer mandate penalties under IRC Sections 4980H(a) and/or (b)
  • Review and/or establishment of proper Measurement, Administrative, and Stability periods, both for current as well as new and variable hour employees
  • Establish procedure to distribute all required health and welfare plan notices, including pre-ACA as well as ACA-required notices, and provide such model notices where needed
  • Determine if a “wraparound” document would reduce compliance burden and 5500 filing requirements
  • Review need for annual PCORI filing, and if necessary, assist with developing the process to file
  • Determine if any additional nondiscrimination testing must be performed on any of the underlying health and welfare plans
  • Determine applicable IRC Section 6055/6056 compliance reporting requirements.  If necessary, assist in preparing processes to comply with that reporting requirement
Part III
  • Access, via email or telephone, to Kushner & Company’s nationally recognized ERISA and ACA experts for Q&A to answer specific questions as they arise 


Do It Yourself (DIY) Workbook
Includes all Part I and Part II materials and one hour Q&A, via email or telephone, with Kushner & Company during the year (Part III)
First year subscription: $1,000
Second and subsequent years: $300

Full Package with Consulting

Includes all Part I and Part II materials, with consulting on each item by Kushner & Company
Unlimited Q&A with Kushner & Company during the year on any of the Part I or II items (Part III)
First year subscription: $2,500
Second and subsequent years: $1,500


IRS Form 5500
Preparation of one 5500 by Kushner & Company
One-time fee: $550

Measurement, Administrative, and Stability Periods 
Review and/or establishment of proper periods, for both current as well as new and variable hour employees (if purchased without either Package)
One-time fee: $1,000


ERISA rules and guidelines do not require an employer to establish a plan, but it does require employers that offer benefits to meet certain minimum requirements, and covers defined retirement plans (small business retirement plans), group health insurance and other welfare benefit plans including life and disability plans. ERISA also requires that individuals and other fiduciaries (employers) who manage plans must meet certain standards of conduct and provides for detailed requirements for disclosure of plans requirements, coverage options and more to both participants and the federal government.  The Department of Labor estimates that three out of four plans that underwent a Department of Labor ERISA audit had violation(s).  Base fines for an ERISA violation are $110 PER violation PER day.  What is involved in an ERISA audit?  Click here to find out.