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:
- Multiemployer Trust Fund/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;
- Health Savings Accounts (HSAs) and Health Reimbursement Accounts (HRAs);
- Severance Plans;
- Fringe Benefit Plans (e.g., transportation and education assistance).
The work that we perform for our Taft-Hartley Employee Benefit Plan clients includes:
Technical Compliance:
- Non-Discrimination Rules;
- Plan Document Reviews and Updates;
- IRS Determination Letter Applications, Reporting and Disclosure;
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 and other required participant and beneficiary communications;
- Preparation of determination letters;
- Preparation of governmental filings;
- Assisting 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;
Affordable Care Act (ACA):
- Healthcare Reform Coverage Requirements;
- Employer Mandate for Applicable Large Employers;
- Analysis of Most Recent Guidance and Legislative Developments;
- Non-Discrimination Rules;
HIPAA Privacy and Security:
- Installation of Privacy Procedures;
- Review Business Associate Agreements (BAAs);