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We are
experienced with all aspects of qualified retirement
plans, including defined benefit plans, money purchase
plans, profit sharing plans, ESOPs, and 401(k)
plans. This includes qualified retirement plans for
governmental and tax exempt entities. We assist clients
not only with respect to plan design and drafting, but
also advise clients with respect to operational aspects of
their qualified retirements plans, including, but not
limited to, fiduciary issues, discrimination testing, and
reporting and disclosure requirements. We also advise
clients with respect to the impact of corporate
acquisitions and mergers upon their qualified retirement
plans as well as the qualified retirement plans of
acquired entities. We are experienced with Internal
Revenue Service and Labor Department audits and assist
clients in obtaining determination letters from the
Internal Revenue Service with respect to initial
qualification, and plan amendments as well as termination
of qualified retirement plans.In
addition to qualified retirement plans, we also provide
clients with assistance with respect to non-qualified
retirement plans, particularly for company executives.
With the limitations on qualified retirement plans,
non-qualified plans comprise a more significant part of an
executive’s retirement package. In addition, recent
increases in the marginal tax rates make the deferral of
compensation more attractive to executives. We assist
clients not only with design and drafting of non-qualified
deferred compensation plans and supplemental retirement
plans but also advise clients with respect to securing
these benefits for executives without triggering adverse
tax consequences.
Through our representation of municipal
clients, we are cognizant of the special needs of clients
who work with public boards and committees in the
provision of benefits for municipal employees.
Another major area of expertise is
welfare benefit plans. We assist clients in drafting and
implementing medical plans, both insured and self-funded,
cafeteria plans (also known as Section 125 plans or
flexible benefit plans), dependent care assistance plans,
and group life insurance plans. As with qualified
retirement plans, we focus not only on plan design but
also on operational aspects of welfare benefit plans,
including age and sex discrimination and the issue
relating to retiree health benefits.
Working closely with our corporate
department, we advise clients on all aspects of stock
incentive plans, including both qualified and
non-qualified stock option plans, stock purchase plans,
dividend reinvestment plans and stock appreciation rights.
In addition to drafting these types of plans, we also
advise clients with respect to the impact of acquisition
and mergers.
We also assist clients in defending
ERISA related lawsuits.
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