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

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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 training for plan fiduciaries
  • Advise on reporting and disclosure requirements as well as government filings
  • Assist with employee benefit plan freezes 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.

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