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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