Design and Implement Employee Benefits Plans
- Identify objectives and recommend plans.
- Produce legal documents to operate plans and corporate documents to adopt them.
- Obtain determination letters or rulings from the IRS on plans' tax qualification.
- Suggest documentation to minimize government involvement and employer cost.
- Develop benefits plans, including:
Advice and Counsel on:
- Administering and interpreting plans
- Tax and liability implications of proposed actions
- Plan amendments mandatory under law or regulation, or voluntary
- COBRA, FMLA, fiduciary and prohibited transaction issues
- Plan investment and funding vehicles
- Plan terminations, mergers, spin-offs and freezes
- Optimizing retirement plan distributions to participants
Representation in:
- IRS and DOL audits
- Negotiating executive employment and termination contracts
- Participant claims and litigation under benefit plans
- Employer claims against service and investment providers
- Obtaining IRS approval of plans and correction of disqualified plans
Complementing Other Professionals in:
- Business acquisitions, mergers and divestitures
- Leveraged ESOPs and tax-deferred sales to ESOPs
- Insolvency and Bankruptcy
- Formation of investment funds with benefit plan investors
- Benefit plans for tax-exempt employers
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