Benefits Structure
Practice Group lawyers advise employers on the structure of their
employee benefits packages, addressing issues such as maximizing
tax advantages, maximizing benefits of key employees, integrating
plan benefits with Social Security, and achieving compatibility
of plans.
Legal Analysis
Members of the Practice Group consult with clients regarding laws
and regulations affecting employee benefit plans, including tax,
labor and employment (ADEA, EEOC, ADA, FMLA), ERISA, PBGC and SEC
laws.
Plan Drafting
Plans are drafted to meet the most recent federal and state requirements
and include qualified pension, profit sharing, thrift, 401(k) and
savings plans; related trust agreements; life, health and disability
plans; flexible benefits and cafeteria plans; employee stock ownership
plans (ESOPs); simplified employee pension plans (SEPs); required
welfare plan documents; Section 403(b) tax-sheltered annuity plans;
and Section 457 deferred compensation plans. Many of the firm's
retirement plans are preapproved by the IRS for faster processing.
Plan Qualification
We handle the complete tax qualification filing of a retirement
plan and prepare the required summary plan description. Advice on
compliance with ERISA reporting and disclosure requirements and
preparation of IRS private letter ruling requests are also part
of our services.
Flexible Benefits Plans
and Health Reform
We design flexible benefits and cafeteria plans, including premium
only plans, dependent care plans and medical reimbursement account
plans, and help clients administer these plans. We also advise on
structuring health plans in light of federal and state health care
reforms.
Compensation Packages
Compensation packages for key executives, including nonqualified
deferred compensation plans, stock option plans, phantom stock plans
and insurance plans, are designed by Practice Group lawyers in coordination
with the individual estate plan of the executive.
ERISA Litigation
The Employee Benefits Practice Group, working with the firm's Litigation
Department, represents clients in bringing or defending ERISA litigation,
and advises clients on litigation risks and handling administrative
enforcement activities.
Plan Administration Advice
We help clients interpret and administer plans, benefits and insurance
contracts.
Fiduciary Counseling and
Plan Termination Guidance
Employers, plan trustees and others are counseled regarding fiduciary
responsibility, prohibited transactions, unrelated business income,
mergers and transfers of plan assets, plan termination and multi-employer
plan issues, including withdrawal liability.
Distribution Advice
Practice Group members advise employers and employees on taxation
of plan distributions.
Other Benefits Advice
Our benefits lawyers provide consultation regarding individual retirement
accounts (IRAs), health maintenance organizations (HMOs), preferred
provider organizations (PPOs), multiple employer trusts (METs),
COBRA health plan continuation coverage compliance, Taft-Hartley
Plans, self-insurance, workers' compensation, employment taxes,
unemployment compensation, Social Security benefits, and integration
of retirement plan benefits. In addition, our employee benefits
lawyers coordinate with other departments in the firm on benefits-related
matters, such as the sale or purchase of a business with single
or multi-employer pension plans, labor negotiations regarding fringe
benefits, employment agreements, and estate or dissolution planning
for pension benefits.
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