The three gaps we find most often
No wrap document
The employer believes the carrier's certificate of coverage is the Summary Plan Description. It is not, and it never has been. It is missing most of what ERISA requires an SPD to contain.
A Section 125 plan that exists in payroll but not on paper
Premiums are being deducted pre-tax, which requires a written cafeteria plan document. Frequently there is not one, or there is one from 2009 that has never been restated.
A 5500 nobody knew was due
The plan crossed a hundred participants two years ago and nothing changed visibly. The penalty accrues per day, per plan, and it runs from the original due date rather than from the day anyone noticed.
All three are inexpensive to fix and expensive to leave. Ask us to look — a review of what exists takes us about a week and costs nothing.