High Recurring Administrative and Professional Fees to Fix ADP/ACP Errors
Definition
Failed ADP/ACP tests and related data errors (incorrect compensation, late entry dates, missed participants) generate additional work for TPAs, recordkeepers, auditors, and ERISA counsel. Sponsors incur out‑of‑cycle testing fees, correction calculations, re‑runs, and legal review costs beyond normal plan administration expenses.
Key Findings
- Financial Impact: $5,000–$50,000+ per year in extra professional fees for mid‑size plans that repeatedly fail or have testing errors, depending on complexity and legal involvement.
- Frequency: Annually for each plan year with failed tests or discovered data errors; can occur multiple times a year if retesting is required after corrective contributions.
- Root Cause: Fragmented payroll and HRIS data feeding into testing, manual calculations, mid‑year plan amendments affecting test populations, and insufficient controls over data quality. Many sponsors only discover issues at year‑end, requiring iterative rework by external providers who bill time and materials.
Why This Matters
This pain point represents a significant opportunity for B2B solutions targeting Insurance and Employee Benefit Funds.
Affected Stakeholders
Plan sponsor finance and benefits teams, Third‑party administrators and recordkeepers, External ERISA counsel, External auditors for benefit funds
Deep Analysis (Premium)
Financial Impact
$10,000–$40,000 annually across multiple client plans due to failed tests, re-runs, and client satisfaction costs (potential churn risk) • $10,000–$40,000+ annually in TPA testing, audit fees ($10,000+), corrective contributions, and legal consultation • $12,000–$45,000 annually due to failed tests, re-runs, corrective contributions, and IRS excise tax exposure
Current Workarounds
Benefits Managers consolidate spreadsheets from multiple employers; manual data quality checks; email reminders to late-submitting employers; coordination calls with TPA • Benefits Managers maintain parallel spreadsheets tracking employee contract assignments and corresponding pay band compensation; manual HCE threshold calculations based on multi-contract income aggregation • Benefits Managers manually track employee eligibility status changes (grant-funded vs. core-funded transitions); spreadsheet-based NHCE/HCE classification; back-and-forth emails with finance and HR over compensation timing
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Methodology & Sources
Data collected via OSINT from regulatory filings, industry audits, and verified case studies.
Evidence Sources:
- https://www.irs.gov/retirement-plans/401k-plan-fix-it-guide-the-plan-failed-the-401k-adp-and-acp-nondiscrimination-tests
- https://www.aon.com/attachments/human-capital-consulting/LR-F-Feb-16_ADP_ACP_Safe_Harbor_Compensation_Compliance_Confusion.pdf
- https://www.dwc401k.com/knowledge-center/nondiscrimination-testing-adp-and-acp-tests
Related Business Risks
Recurring ADP/ACP Test Failures Trigger Corrective Contributions, Excise Tax, and Disqualification Risk
Refunded HCE Contributions and Missed Executive Deferrals Reduce Retention Value of Plans
Data and Setup Errors Cause Mis‑Testing and Costly Rework of ADP/ACP Results
Delayed ADP/ACP Testing and Corrections Extend Refund and Contribution Cycles
Manual ADP/ACP Testing Consumes HR/Finance Capacity and Crowds Out Strategic Work
Testing and Correction Complexity Creates Window for Abusive Contribution Patterns
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