Overview

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.

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

If you provide benefits to your employees, we can help you navigate and understand the complex challenges of managing those benefits appropriately. Our seasoned attorneys have special expertise in tax law—offering insightful guidance in all types of retirement, health, and welfare plans. And in matters of executive compensation, we are passionate advocates with a clear understanding of all the ramifications—from negotiation to tax impact.

Services

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

Experience

  • Provided pre-merger strategy for the successful consolidation of employee benefit plans in a $6 billion merger
  • Conducted due diligence of employee benefit plans, drafted multiple deferred compensation arrangements, and advised client on employee benefits transition in a complex asset purchase transaction
  • Advised on the implementation of an on-site medical facility
  • Counseled on the successful consolidation of 15+ individually designed subsidiary 401(k) plans into a parent company’s 401(k) plan
  • Assisted with the successful merger of an ESOP and 401(k) plan to form a KSOP
  • Negotiated with the IRS pursuant to its voluntary correction program to achieve a very favorable outcome of maintaining pension plan qualified status as well as a potentially significant cost savings to the client
  • We have represented numerous FORTUNE 500® companies—and senior executives of major companies—in negotiating employment agreements and severance arrangements
  • We represented a FORTUNE 500® company in connection with a large-scale audit of their 401(k) plan by the IRS. The audit was conducted over a two-year period and millions of dollars in penalties were at stake
  • We successfully defended plan fiduciaries to reach a favorable outcome in a Department of Labor audit
  • We conducted due diligence for an employee benefits plan and facilitated transition of benefits, post-merger, in a $45 million transaction

News & Insight

Firm News

Hinckley Allen Welcomes New Corporate & Business Attorney Lynne Barry Dolan

January 29, 2019

Hinckley Allen is pleased to welcome Lynne Barry Dolan as Counsel to the Firm’s Employee Benefits & Executive Compensation Group. Lynne is a seasoned business attorney with a diverse legal background. After earning her CPA at a multinational accounti…

Firm News

Hinckley Allen Receives 34 First Tier National and Regional Rankings

November 1, 2016

The annual “Best Law Firms” rankings were released by U.S. News & World Report and Best Lawyers. Once again, Hinckley Allen has been named a top tier national law firm in Litigation Construction. In total, the firm received 34 top tier national and…

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Publication

Did You Know Small Employers Now Have a Useful Tool to Help Offset the Cost of Health Insurance?

March 9, 2017

The Affordable Care Act (“ACA”) made it unlawful for employers to offer a pre-tax stipend to be used for health insurance costs.  With the passage of the 21st Century Cures Act, and adoption of the “Qualified Small Employer Health Reimbursement Arra…

Publication

Did You Know? The Latest in ERISA & Employee Benefits

January 27, 2017

President Trump signs executive order aimed at minimizing burdens of the Affordable Care Act (ACA).President Trump’s executive order calls for federal agencies to “exercise all authority and discretion available to them to waive, defer, grant exemption…

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