Complying with the myriad of complex employee benefits rules can be mystifying. The attorneys in Ulmer & Berne’s employee benefits practice have extensive experience in virtually all aspects of employee benefits and ERISA. We pride ourselves in being able to communicate complex employee benefits issues to our clients in an understandable and usable fashion. Areas of expertise include the following:
- Employee benefit plan design and compliance, including pension and welfare plans;
- Executive compensation and nonqualified plans;
- Employee benefits issues in business transactions; and
- Employee benefits litigation.
Employee Benefit Plan Design and Compliance
Pension Plans. We have significant experience designing, drafting and working with all types of employee pension benefit plans, including profit sharing, 401(k), money purchase, defined benefit pension (including cash balance) and ESOPs. We regularly advise clients with respect to operational and administrative issues relating to such matters as non-discrimination testing, plan mergers, spin-offs and terminations, plan distributions, participant loans, contribution allocations and limitations, deduction issues, forfeiture allocations, amendment procedures, investment direction, investment policies, qualified domestic relations orders, plan investments in employer securities and employer real property, prohibited transactions, and fiduciary responsibility issues.
In addition, members of our employee benefits practice are frequently involved in the analysis of controlled group and affiliated service group status. We represent clients in audit controversies with the Internal Revenue Service and Department of Labor and assist clients in seeking private letter rulings, advisory opinions and prohibited transaction exemptions.
Welfare Plans. We have significant experience in designing, drafting and consulting with respect to all types of welfare benefit programs, including medical benefit plans, retiree medical plans, medical reimbursement plans, disability plans, group term life insurance, dependent care, cafeteria plans, voluntary employee beneficiary associations (VEBAs) and educational assistance programs. We assist employers and insurers with claims issues and compliance with the complex ERISA claims procedures, privacy rules under HIPAA, and continuation health coverage under COBRA.
Executive Compensation and Nonqualified Plans
We have extensive experience representing business and key executives in connection with the formulation, negotiation, drafting and interpretation of employment agreements, severance agreements and a wide variety of executive compensation benefit plans, including stock option plans, phantom stock plans, stock appreciation rights plans, split-dollar life insurance agreements, excess benefit plans, top hat deferred compensation agreements and rabbi trusts, including compliance with the new Code Section 409A.
Employee Benefits Issues in Business Transactions
We assist clients with benefits issues arising in connection with purchases and sales of businesses. Such assistance includes drafting, reviewing and negotiating appropriate benefits representations and warranties and indemnifications in purchase and sales agreements. In connection with business acquisitions, we analyze the seller’s employee benefit plans, prepare tables comparing the seller’s programs with the buyer’s programs and outlining problem areas, and assist the client with integration of employee benefit programs. We also analyze issues involved in buying and selling businesses from or to employee benefit plans.
Employee Benefits Litigation
We handle numerous employee benefit litigation matters. These matters are approached as a team, with a member of the employee benefits practice and a member of the Firm’s business litigation practice. We represent businesses of all sizes, fiduciaries, insurers and financial providers in connection with ERISA disputes on a regular basis. We have handled routine claims for benefits, breach of fiduciary duty claims, wrongful termination of employment for purposes of denying employee benefits (510 claims), defense of employers against multiemployer benefit plan claims, representation of plan administrators in connection with qualified domestic relations order disputes and representation of clients in connection with litigation brought by governmental entities. We also have extensive experience and expertise in representing employers in connection with withdrawal liability issues under multiemployer pension plans.