The attorneys in our Pension and Employee Benefits Practice Group are knowledgeable in all aspects of employee benefits and executive compensation matters. They are experienced in plan design, administration, and compliance for qualified and non-qualified retirement plans, as well as welfare benefit plans. Our attorneys also regularly handle all employee benefit plan aspects of mergers, acquisitions and other corporate transactions and are equipped to assist with ERISA litigation matters. We are prepared to assist with matters involving the Internal Revenue Service and the Department of Labor, including employee benefit plan audits and corrections.
Our attorneys regularly advise on qualified retirement plans, including defined benefit, money purchase, profit sharing, employee stock ownership, 401(k), and multi-employer plans. Some of our services include:
- Plan design and drafting, as well as advising clients on plan administration issues including fiduciary compliance, nondiscrimination testing, and reporting and disclosure requirements
- Evaluating the impact of corporate acquisitions and mergers on existing plans as well as those of the acquired entities
- Plan amendment and termination
- Obtaining determination letters from the Internal Revenue Service with respect to initial qualification and plan termination
- Correcting documentary and operational errors
We are also experienced with providing counsel related to non-qualified retirement plans, including stock option plans, restricted stock plans, stock purchase plans, dividend reinvestment plans, stock appreciation rights, and phantom stock plans. Considering the limitations on qualified retirement plans, we recognize that non-qualified plans often comprise a significant part of an executive's retirement package. We assist clients with:
- Design, drafting, and administration of non-qualified deferred compensation plans
- Avoiding adverse tax consequences with respect to such plans
Another major focus of our practice 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, group life insurance plans, and retiree health plans
- Plan design and operational aspects, including compliance with health care reform and other legal requirements
We represent a broad range of clients, both public and private, to which we provide thoughtful counsel unique to their industry or sector. 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. We have in-depth experience advising government and tax-exempt entities regarding their employee benefit plans.