Retirement Plans

Advise employers and plan fiduciaries on all aspects of tax-qualified retirement arrangements, including:  

  • Profit sharing plans (including 401(k) and age-weighted plans)  
  • Traditional defined benefit and cash balance defined benefit pension plans  
  • Taft-Hartley (multiemployer) pension plans  
  • 403(b) tax-sheltered annuity, 457 and governmental plans  
  • Prevailing wage (Davis-Bacon, Service Contract Act) plans  

Typical projects include: 

  • Advising on all aspects of new plan set up and obtaining determination letter  
  • Reviewing effectiveness of current plan vendors  
  • Reviewing reasonableness of current fees paid to all vendors  
  • Advising on alternative approaches to investment selection and other fiduciary matters  
  • Trust counsel for Taft-Hartley trustees (also for welfare plans)  
  • Designing plans to provide greater benefits to key employees  
  • Correcting administrative errors practically and efficiently  
  • Reviewing benefit plans in connection with an acquisition  
  • Qualified domestic relations order (QDRO) preparation and review  
  • Child support arrearages recovery via QDRO  
  • IRS and DOL plan audit, participant claims and litigation (also for welfare plans)
  • Merger and acquisition due diligence  

Welfare Plans

Advise employers and fiduciaries on all aspects of health and welfare benefit plans, including:  

  • Affordable Care Act requirements  
  • Cafeteria plans, medical spending accounts (including FSAs, HRAs and HSAs)  
  • Insured medical, life, disability and AD&D plans; dependent care plans  
  • Voluntary Employees' Beneficiary Associations (VEBAs)  
  • Taft-Hartley (multiemployer) welfare plans  
  • Retiree health plans

Typical projects include:

  • Full-time employee (lookback rule) calculations and penalty tax advice
  • COBRA coverage reviews, advice and documentation
  • Preparing comprehensive documents for all welfare benefit plans
  • Advising on HIPAA compliance (including the privacy and security rules)

Equity Compensation and Other Arrangements 

Advise companies on other types of compensation arrangements, including:  

  • Nonqualified deferred compensation plans, top-hat plans and executive-only plans  
  • Stock option plans, restricted stock, stock appreciation rights and phantom stock plans  
  • Negotiating employment agreements  
  • Resolving benefit-related disputes