Qualified Plans

We strive to help our clients design the optimal structure for their benefits and compensation programs, and to ensure that such programs comply with the applicable regulatory requirements.

We handle all aspects of qualified plan work, including the design, submission, implementation, merger, and partial and full termination of those plans. The group routinely represents clients in connection with inquiries by the DOL and the IRS and helps clients bring their plans into compliance with statutory and regulatory requirements through participation in voluntary correction programs. We provide advice and consulting services to our clients on all matters relating to pension plans, profit sharing/401(k) plans, ESOPs, cash balance plans, and multiple employer plans. We analyze prohibited transaction issues and provide fiduciary advice with respect to Title I matters.

Welfare Plans

We partner with our clients and their vendors to develop HIPAA compliance plans, including development of privacy assessments, plan amendments, business associate agreements, and privacy notices. We provide advice and counsel about restructuring retiree medical programs, flexible benefit plan design, vendor service agreements, fiduciary responsibility issues, as well as Medicare Part D prescription coverage issues.

Compensation

Our Employee Benefits/Executive Compensation group designs, drafts, and consults extensively with our corporate clients about restricted stock and restricted stock unit plans, employee stock purchase plans, stock appreciation rights arrangements, incentive and nonqualified stock option plans, and all other equity compensation plans. We focus on federal and state tax issues and securities law concerns, including registration and filing issues and Rule 16b-3 compliance. We help our clients choose and establish nonqualified deferred compensation plans and SERPs and their funding vehicles. We draft change of control agreements as well as executive level employment agreements, and help our clients to integrate those arrangements into their overall employee benefits plans. In addition, we are currently in the process of providing extensive advice and redrafting of our clients' deferred compensation plans to help them comply with the new rules governing deferred compensation under Section 409A.