Executive Compensation & Benefits
The Employee Benefits and Executive Compensation practice area services the needs of closely-held and publicly-traded businesses, not-for-profit organizations, churches, and individuals with respect to employee benefits issues under the Internal Revenue Code (Code) and the Employee Retirement Income Security Act of 1974, as amended (ERISA). We offer technical proficiency, cost effectiveness, and a practical and understandable approach to achieving our clients’ objectives. The Code’s benefits rules and ERISA’s requirements are complex. Our service always includes using clear language and client education to make the law and alternative resolutions of concerns arising under it understandable and to help avoid problems before they occur.
Typical engagements include:
- Tax-qualified retirement plans (401(k) plans, profit sharing plans, pension plans, cash balance plans, 403(b) plans, 457(b) plans, ESOPs, and others): design, qualification, administration, determination letters, summary plan descriptions, reporting and disclosure, prohibited transactions, dispute resolution, qualified domestic relations orders (QDROs), and problem remediation.
- Prototype and volume submitter plan adoption, implementation, service agreements, outsourcing, and maintenance.
- Reductions in force coordinated with retirement and group health plans.
- Employee benefits M & A due diligence: representations and covenants, issue identification, planning for integration and consolidation of plans.
- Health and welfare plans, flexible benefit plans; VEBAs: HIPAA, COBRA, PPACA (health care reform), and self-funding of group medical plans.
- Retiree medical plans.
- Non-qualified deferred compensation plans and SERPs: design, Code Section 409A compliance, and coordination with tax-qualified plans.
- Executive severance agreements.
- Executive employment and consulting agreements: IRC Sections 162(m) and 280(g) golden parachutes.
- Stock option and employee stock purchase plans.
- Representation of non-U.S. businesses with respect to benefits issues pertaining to U.S. acquisitions.