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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
privately-held companies, publicly-traded companies, physician groups,
tax-exempt organizations, municipalities, Taft Hartley benefit funds, 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:
• 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) and Other Annuity plans;
• Taft Hartley Benefit Funds;
• 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 (e.g., severance, disability, life insurance, retiree medical);
• Cafeteria Plans and Flexible
Spending Accounts;
• Severance Plans; and
• Fringe Benefit Plans (e.g.,
transportation, adoption and education assistance).
We assist our clients when participants and
beneficiaries file claims and appeals of denied claims under an employee benefit
plan’s claims and appeals procedures and represent our clients in the event the
participant and/or beneficiary files a lawsuit against the plan, a plan
fiduciary, or any other plan representative. We advise clients on employee
benefit plan issues that arise out of mergers, acquisitions, and other business
transactions.
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 review and negotiate administrative services and trust agreements.
We advise our clients on a plethora of fiduciary
responsibility concerns, such as, concerns with respect to investment of
retirement plan assets and prohibited transactions, and also defend our clients
when sued for breaches of fiduciary duties.
With respect to financial institutions, our
lawyers also have extensive experience in advising our clients not only on the
ERISA implications of particular transactions, including how to comply with
ERISA’s fiduciary responsibility and prohibited transaction provisions, but also
on specific banking-related laws and how all of those laws interact with each
other. Refer to
http://www.tuckerlaw.com/practice/IMFS.html for more information on the
specific services our lawyers provide to financial institutions.
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 have 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.
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