Betterment Help Center

Compliance & Administration

Written by Betterment Editors | Jul 7, 2026 4:46:10 PM

Compliance & Administration

Q: What compliance tasks does Betterment handle on behalf of the plan sponsor?

A: Some of the key functions Betterment handles include:

  • ADP/ACP nondiscrimination testing
  • Top-heavy testing
  • Contribution calculations
  • Form 5500 preparation (signature-ready)
  • Audit package preparation
  • Various participant notices (including blackout notices)
  • Compliance Hub census questionnaires

For a complete list, please review our 401(k) administrative services terms.

 

Q: When are employee contributions required to be deposited?

A: DOL regulations require that employee deferrals and loan repayments be deposited into the plan as soon as administratively feasible, generally interpreted as within 7 business days for small plans. Late deposits are a compliance violation and can result in penalties. By integrating with your clients’ payroll provider, we’re able to automate contribution flows and help reduce the risk of late deposits.

 

Q: What happens if a plan fails nondiscrimination testing?

A: The most common correction for a failed ADP/ACP test is refunding contributions to HCEs in the amount necessary to pass. Refunds must be made within 2.5 months of year-end to avoid a 10% excise tax (by March 15). Alternatively, plans can make a QNEC contribution to NHCEs to correct the failure. Safe Harbor plans generally sidestep this issue entirely.

 

Q: What is the ERISA fidelity bond requirement?

A: Plan officials who "handle" plan funds must be covered by an ERISA fidelity bond — a form of insurance protecting the plan against fraud or dishonesty. The bond must cover at least 10% of funds handled, with a $500,000 cap ($1,000,000 for plans holding employer stock). Solo 401(k) plans are not subject to ERISA Title I requirements such as an ERISA Fidelity Bond..