When is independence considered not impaired according to the Department of Labor?

Independence is considered not impaired according to the Department of Labor when a former officer has disassociated from the firm. In the context of auditing employee benefit plans, the independence of the auditor is crucial to ensure the integrity of the audit process. When a former officer who had been involved with the plan or the audit is no longer associated with the firm, it effectively removes any potential conflicts of interest or biases that might arise due to previous relationships. This disassociation allows the auditor to maintain objectivity and impartiality in their assessment, aligning with the principles of ethical auditing.

In contrast, when a firm has provided services to the plan, there could be an inherent conflict, as the relationship with the plan may compromise the auditor's impartiality. Similarly, if an auditor is tasked with auditing periods during which a former officer was employed, there might still be lingering biases or perceptions that could affect the audit's integrity. Lastly, while the hiring of an employee who has no previous connection could initially seem to ensure independence, it does not provide the same level of assurance as disassociating a former officer, as there could still be residual influences from other past associations.