Employee Benefits

employee_benefitsWhile providing adequate benefits for employees is a value many of our clients share, it is more and more difficult for them to work through the maze of constantly changing requirements.  Our goal is to successfully guide our clients through that maze.  We do this by distilling the essence of the rules into action items for clients and providing targeted advice relevant to their unique circumstances. And when necessary, we work with our clients’ other advisors and service providers to develop and implement cost-effective benefit programs that serve our clients’ goals.

We provide the following services and many others:

  • Private Sector Retirement Plans:  Design and draft qualified retirement plans for businesses, including profit sharing plans, 401(k) plans and defined benefit plans.
  • Governments and Nonprofits:  Design and draft 403(b) plans, 457 plans and qualified retirement plans for governments and nonprofits.
  • Fringe Benefit Plans:  Design and draft cafeteria plans, HRAs and other employee welfare benefit programs that comply with tax laws, COBRA, HIPAA, ERISA and the ACA.
  • Executive Compensation:  Design and draft employment agreements and compensation packages for professionals, executives and key management employees to ensure compliance with Internal Revenue Code Section 409A.
  • Fiduciary Services:  Help employers and plan fiduciaries comply with their ERISA obligations, including reviewing service provider contracts, drafting investment policy statements, advising clients about their fiduciary obligations, and addressing prohibited transaction questions.
  • Plan Administration Services:
    • Answer questions about administering plans to comply with IRS and ERISA rules.
    • Correct plan administration and document errors if they arise, including correction under the IRS’s Employee Plans Compliance Resolution System.
    • Draft applications under the Department of Labor’s Voluntary Correction Programs to correct plan fiduciary errors and failure to file Form 5500.
    • Draft and review qualified domestic relations orders.
  • Other Services:
    • Advise on benefit plan issues arising in connection with the acquisition or sale of a business, including review and drafting provisions in acquisition and sale agreements addressing employee benefit plans.
    • Provide income and estate-tax planning to clients with large retirement accounts.
    • Advise employers on the impact of health care reform under the Affordable Care Act (ACA) and assist them in related benefit planning and compliance matters.

View articles in our Resource Center by this Practice Group

Attorneys in the Employee Benefits Practice Group:

Jeffery D. Kirtner

Craig A. Smith