Integrity

Employee Benefits, ERISA and Executive Compensation and Benefits

Our employee benefits and compensation practice focuses on four primary areas:

  1. Design and implementation of qualified pension and profit sharing plans and Employee Stock Ownership Plans (ESOPs), and equity-based compensation and deferred compensation;
  2. Problem remediation, including audits and corrections under EPCRS, DFVC and VFC programs of Internal Revenue Service and Department of Labor resolution programs;
  3. Advice on operational compliance, fiduciary responsibility, and conducting internal reviews to avoid problems and penalties; and
  4. Merger and acquisitions transactions, including ESOP buyouts and ownership succession transactions.

We often assist in-house counsel and general counsel with ongoing benefit issues and on specific projects arising from the sale or purchase of a business or changes to benefit programs. These might arise in the context of the replacement of a 401(k) provider or the establishment of a new benefit program. Our experience includes the following representative types of projects:

  • Document compliance for law changes
  • IRS determination letter filings
  • Plan mergers and terminations;
  • Disposition of plans in bankruptcy
  • Benefit plans in corporate mergers and acquisitions
  • Employee communications
  • Non-qualified deferred compensation and 409A compliance
  • Stock options, phantom stock and other equity-based compensation arrangements
  • Health and welfare benefit plans, including cafeteria (Section 125) plans and flexible spending accounts
  • Wrap documents for multiple health and welfare plans
  • HIPAA (Health Insurance Portability and Accountability Act) counseling and compliance
  • COBRA compliance
  • Securities laws aspects of equity-based compensation
  • Fiduciary compliance and counseling
  • Investment Policy Statements
  • Internal audits and compliance programs
  • Problem remediation, including Self-Correction, VCP filings and Closing Agreements under EPCRS (Employee Plans Compliance Resolution System)
  • Correction of delinquent 5500 filings under DFVC (Delinquent Filer Voluntary Compliance Program)
  • Department of Labor (DOL) audits and corrections
  • VFC (Voluntary Fiduciary Correction) filings with DOL