According to the Department of Labor, 401(k) plan sponsors aren't complying with ERISA standards adequately.

Of the plans audited by the DOL last year, 75 percent resulted in sponsors being fined, penalized or forced to make reimbursements for errors. The average fine was $600,000, a jump from $150,000 just four years ago.

The financial crisis of 2008 casts a long shadow. Since then, DOL's added 1,000 enforcement officials to ensure 401(k) plan compliance.

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