Employee Benefits & Executive Compensation

We represent companies of all sizes that sponsor benefit programs for employees — including qualified retirement plans, health and welfare plans, and executive compensation agreements. Our clients include public and private companies, banks and financial advisors; tax-exempt hospitals and universities; states and municipalities; medical groups; individual executives; and Taft-Hartley Pension and Annuity Funds.

Corporate & Business Law - Employee Benefits & Executive Compensation

Don’t let complexity put you at a disadvantage. Protect yourself.

Our Professionals

We provide comprehensive counsel and representation for all types of employee benefit and executive compensation matters, including:

 

Retirement Plans:

  • Correct plan errors pursuant to Internal Revenue Service and Department of Labor programs
  • Address employee benefits issues that arise in corporate mergers, acquisitions, and dispositions
  • Assist with transition issues arising in mergers, acquisitions, and dispositions, including comprehensive due diligence
  • Prepare, advise and negotiate IRS and Department of Labor plan audits
  • Provide representation in employee benefit plan administration matters and advise with respect to best practices
  • Draft and review plan documentation for Defined Contribution Plans, Defined Benefit Plans, Employee Stock Ownership Plans (ESOPs), and Deferred Compensation Agreements
  • Assist and advise with respect to ERISA and the Internal Revenue Code, DOL and PBGC compliance
  • Provide advice relating to fiduciary responsibilities, obligations, and prohibited transactions under ERISA, including trainings for plan fiduciaries
  • Advise on reporting and disclosure requirements and government filings
  • Assist with employee benefit plan freeze and/or terminations
  • Negotiate and revise administrative service agreements with vendors and third-party administrators
  • Provide assistance and guidance relative to vendor Request for Proposals.
  • Advise on withdrawal liability determinations for multi-employer plans
  • Counsel multinational employers on matters relating to transferring executives abroad, as well as hiring foreign nationals in the United States
  • Advise on specific ESOP compliance requirements

 

Health and Welfare Plans:

  • Counsel on compliance with ERISA, the Affordable Care Act, the Internal Revenue Code, COBRA, and HIPAA
  • Assist with transition issues arising in mergers, acquisitions, and dispositions, including comprehensive due diligence
  • Prepare, advise and negotiate IRS and Department of Labor employee benefit plan audits
  • Provide representation in employee benefit plan administration matters and advise with respect to best practices
  • Draft and review plan documentation, for Section 125 plans, wrap plans, wellness plans, and flexible benefit plans, including plan documents, summary plan descriptions and business associate agreements
  • Advise on reporting and disclosure requirements and government filings
  • Negotiate and revise administrative service agreements and business associate agreements with vendors and third-party administrators

 

Executive Compensation:

  • Draft and negotiate deferred compensation plans and severance plan arrangements
  • Conduct compliance review for Internal Revenue Code Section 409A and ERISA
  • Draft Rabbi Trust documents

 

To learn more about our Employee Benefits & Executive Compensation practice, please contact our Practice Group Chair: Tracy A. Vitols.