Tucker Arensberg’s Employee Benefits Group has significant experience representing a diverse group of clients in all facets of employee benefit plan compliance and administration as well as the area of executive compensation. Our practice specializes in analyzing  guidance issued by the IRS, Department of Labor (DOL), Health and Human Services (HHS), Equal Employment Opportunity Commission (EEOC), Pension Benefit Guaranty Corporation (PBGC) and other governmental agencies.

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/or terminate the following types of employee benefit plans:

• Qualified Retirement Plans including 401(k) plans, 403(b) plans, profit-sharing plans, traditional defined benefit plans, and cash balance pension plans;
• Insured and Self-Insured Health and Welfare Plans including medical, dental, disability, life insurance and retiree medical;
• Multi-Employer Trust Fund/Taft-Hartley Retirement and Welfare Benefit Funds;
• Employee Stock Ownership Plans (ESOPs);
• Nonqualified Deferred Compensation Plans including SERPs, excess benefit plans / wrap 401(k) plans, 457(b) plans, 457(f) plans, and other plans subject to Code Section 409A;
• Equity-Based Compensation Plans including incentive and nonqualified stock option plans, restricted stock awards, Stock Appreciation Rights (SARs), and phantom stock plans;
• Short-Term and Long-Term Incentive Plans;
• Cafeteria Plans and Flexible Spending Accounts (FSAs);
• Health Savings Accounts (HSAs) and Health Reimbursement Accounts (HRAs);
• Employee Wellness Arrangements;
• Fringe Benefit Plans including transportation and education assistance programs.

The work that we perform for Retirement Plans and Welfare Benefit Plans includes:

Technical Compliance:

• Non-Discrimination and Compliance Testing
• Plan Document Reviews and Updates
• IRS and PBGC Applications
• IRS and DOL Voluntary Correction Filings

Administration:

• Review of Vendor Service Agreements and Requests for Proposals
• Review of Qualified Domestic Relations Orders (QDROs) and Qualified Medical Child Support Orders (QMCSOs)
• Preparation of Summary Plan Descriptions (SPDs), Summary of Material Modifications (SMMs) and other required participant and beneficiary communications
• Assist with plan audits
• Review and negotiation of administrative services agreements

ERISA Fiduciary Consulting:

• Regulatory Compliance;
• Review and Development of Investment Policy Statement (IPS)
• Committee Formation and Education
• Creation of Due Diligence Process
• Employee Education Initiatives

Affordable Care Act (ACA):

• Healthcare Reform Coverage Requirements
• Employer Mandate for Applicable Large Employers
• Analysis of Most Recent Guidance and Legislative Developments
• Non-Discrimination and Compliance Testing

HIPAA Privacy and Security:

• Installation of Privacy Procedures
• Review Business Associate Agreements (BAAs)

Representative Experience

• Experience working with 401(k) and 403(b) plans, ESOPs, ERISA fiduciary matters, M&A due diligence and post-transaction integration, executive compensation, Affordable Care Act (ACA) consulting, Cafeteria, HAS and wrap plans, vendor service agreements, retirement plan vendor RFPs, and HIPAA privacy & security.