Design and Implement Employee Benefits Plans

  • Identify objectives and recommend plans.
  • Produce legal documents to operate plans and corporate documents to adopt them.
  • Obtain determination letters or rulings from the IRS on plans' tax qualification.
  • Suggest documentation to minimize government involvement and employer cost.
  • Develop benefits plans, including:

Advice and Counsel on:

  • Administering and interpreting plans
  • Tax and liability implications of proposed actions
  • Plan amendments mandatory under law or regulation, or voluntary
  • COBRA, FMLA, fiduciary and prohibited transaction issues
  • Plan investment and funding vehicles
  • Plan terminations, mergers, spin-offs and freezes
  • Optimizing retirement plan distributions to participants

Representation in:

  • IRS and DOL audits
  • Negotiating executive employment and termination contracts
  • Participant claims and litigation under benefit plans
  • Employer claims against service and investment providers
  • Obtaining IRS approval of plans and correction of disqualified plans

Complementing Other Professionals in:

  • Business acquisitions, mergers and divestitures
  • Leveraged ESOPs and tax-deferred sales to ESOPs
  • Insolvency and Bankruptcy
  • Formation of investment funds with benefit plan investors
  • Benefit plans for tax-exempt employers
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