Why Organizations with Greater than 100 Employees Can’t Afford to Overlook Their 401(k) Audit Obligations

Case Insight: LeBoeuf v. Entergy Corp. Shows What’s at Stake If your organization has more than 100 eligible participants in its 401(k) plan, chances are you’re required to undergo an annual independent audit in connection with your Form 5500 filing. But it’s not just about compliance, it’s about protecting your plan, your people, and your fiduciary reputation. A recent federal court case, LeBoeuf v. Entergy Corp. , 2025 WL 1262414 (5th Cir. 2025), illustrates why a properly scoped and executed audit is more critical than ever, especially for growing employers nearing or crossing that 100-participant threshold. What Happened in the LeBoeuf Case? After a 401(k) plan participant passed away, his adult children contested the distribution of his $3 million retirement benefit to his surviving spouse. The participant had named his children as beneficiaries after his first wife’s death, but he never updated the form after remarrying even though the plan documents stated that marriage woul...