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Employee Benefits & Executive Compensation

Overview

Our Employee Benefits & Executive Compensation practice group is dedicated to assisting our clients with the design and implementation of customized, forward-thinking programs that both comply with and leverage the most current benefits-related laws. We focus on efficient problem-solving as well as proactive risk management and deliver the results our clients need.

Our core areas of service include:

  • Retirement plans
    • Design, implementation, maintenance and termination of tax-qualified retirement plans (e.g., traditional defined benefit plans, cash balance pension plans, profit sharing plans and 401(k) plans)
    • Nondiscrimination requirements (coverage, general nondiscrimination, ADP, ACP and top-heavy requirements)
    • Disclosure and reporting requirements (e.g., Form 5500, summary plan descriptions, summary annual reports, participant fee disclosures and 408(b)(2) disclosures)
    • Determination letter submissions
    • Correction of plan errors through IRS and DOL correction programs
    • ERISA fiduciary responsibilities and compliance, including design and implementation of committee structures and processes for managing plan cost and assessing investment quality and return
  • Executive compensation
    • CEO-level and other employment, change-in-control and severance agreements
    • Stock-based incentive plans
    • Non-qualified deferred compensation and supplemental retirement plans
    • Director compensation
  • Fiduciary counseling
  • Health and welfare plans
    • ERISA duties, including drafting H&W "wrap" plans
    • Nondiscrimination testing and compliance
    • Compliance with Genetic Information Nondiscrimination Act (GINA), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA) and other applicable federal and state employment laws
    • HIPAA education and compliance, including implementing privacy and security processes
  • Health care reform
    • Assessment of exposure to shared responsibility penalties and compliance
    • Design of health care benefit plans to control costs and maintain compliance with ACA requirements
    • COBRA
    • Wellness programs
    • Advice regarding tax reporting obligations
  • ERISA litigation
  • Miscellaneous benefit matters
    • Employee benefits issues in mergers and acquisitions
    • Mergers of qualified plans
    • Controlled group and affiliated service group analysis
    • Service agreements and related matters
    • Impact of "church plan status"
    • Medicare issues, including Medicare as secondary payer and Medicare Part D
    • DOL/IRS/PBGC audits

We invite you to contact one of our attorneys to see how we may assist you.

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