Tucker Arensberg’s Employee Benefits lawyers have significant experience representing a diverse group of clients in all facets of employee benefit plan compliance and administration. Examples of the types of clients Tucker Arensberg’s Employee Benefits lawyers have represented include Taft-Hartley benefit funds, privately-held companies, publicly-traded companies, physician groups, tax-exempt organizations, municipalities, and financial institutions.
We are dedicated to working with our clients to resolve complicated legal issues in a practical, common-sense and cost-efficient manner. In doing so, we routinely work with our clients to design, establish, implement, administer, and terminate the following types of employee benefit plans:
- Taft-Hartley Retirement and Welfare Funds
- Insured and Self-Insured Health and Welfare Plans (e.g., medical, dental, disability, life insurance and retiree medical)
- Cafeteria Plans and Flexible Spending Accounts
- Qualified Retirement Plans (e.g., 401(k) plans / profit sharing plans, Employee Stock Ownership Plans (ESOPs), stock bonus plans, money purchase pension plans, traditional defined benefit plans, and cash balance pension plans)
- 403(b) Municipal and Other Governmental Retirement Plans
- Nonqualified Deferred Compensation Plans (e.g., Supplemental Executive Retirement Plans (SERPs), excess benefit plans / wrap 401(k) plans, 457(f) plans, and other plans subject to Section 409A of the Internal Revenue Code);
- Equity-Based Compensation Plans (e.g., incentive and nonqualified stock option plans, restricted stock awards, Stock Appreciation Rights (SARs), and phantom stock plans)
- Short-Term and Long-Term Incentive Plans
- Split-Dollar Arrangements
- Insured and Self-Insured Health and Welfare Plans
- Health Savings Accounts (HSAs) and Health Reimbursement Accounts (HRAs)
- Severance Plans
- Fringe Benefit Plans (e.g., transportation and education assistance)
We also provide counsel to our clients in the following areas:
- ERISA Fiduciary Consulting
- Pre-acquisition due diligence and post-acquisition integration
- HIPAA privacy and security compliance
- Federal government collection programs for plans
- RFPs for qualified plan vendor services
Our lawyers advise clients on day-to-day administrative issues related to their employee benefit plans. The types of administrative issues we commonly assist our clients with include the review of Qualified Domestic Relations Orders (QDROs), Qualified Medical Child Support Orders (QMCSOs), and the preparation of summary plan descriptions, summary of material modifications, and other participant and beneficiary communications. We also prepare determination letters and other governmental filings and assist with plan audits. Additionally, we review and negotiate administrative services and trust agreements.
We advise our clients on a plethora of fiduciary responsibility issues such as, concerns with respect to investment of retirement plan assets and prohibited transactions.
We also represent our clients before the Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), and the Pension Benefit Guaranty Corporation (PBGC). For example, we work with our clients to obtain IRS favorable determination letters for their qualified retirement plans. We work with our clients to correct: (i) qualification failures through the IRS’s Employee Compliance Resolution System (which includes Self-Correction and Voluntary Correction Programs), (ii) certain fiduciary violations through the DOL’s Voluntary Fiduciary Correction Program, and (iii) delinquent IRS Form 5500 filings through the DOL’s Delinquent Filer Voluntary Compliance Program. We also represent our clients during IRS and DOL audits and investigations.
Our team of Employee Benefits lawyers has a wide range of employee benefits experience and are well-positioned to serve any of our client’s legal needs. Please contact any member of our team with any questions that you may have.