Employee Benefits Advice

The Employee Retirement Income Security Act (ERISA) was enacted.  During the years since its enactment, ERISA has been expanded by statute, caselaw, and regulation. In addition other laws have increasingly come to affect employee benefits planning, including the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), COBRA, the Family and Medical Leave Act (FMLA), and the Health Insurance Portability and Accountability Act (HIPAA).  Many employers encounter issues in these matters weekly or monthly.

Qualified Retirement Plans

We provide service for all types of qualified plans, including 401(k) plans, defined benefit pension programs, profit sharing plans, ESOPs, money purchase and target benefit pension plans, and “hybrid” plans, such as cash balance and “cross~tested” plans. We assist clients in complying with the Tax Code’s nondiscrimination and other qualification requirements.

Health and Other Welfare Benefit Plans

We can provide advice and arrange for the drafting of all necessary documents for the full range of welfare plans, including health, life, and disability plans, as well as cafeteria (or flexible benefits) plans, severance pay, and dependent care programs.

Executive Compensation

We advise companies on all aspects of executive compensation, including the design and implementation of those programs. We can coordinate the drafting and provide advice on performance~based compensation plans; equity based plans, including restricted stock plans, employee stock purchase plans, incentive stock options, nonqualified stock option programs, phantom stock programs, stock appreciation rights; nonqualified deferred compensation (including rabbi trusts); split~dollar life insurance; and a variety of other long~term incentive programs.

Transactions

We can provide answers to issues on employee benefits and other issues in mergers and acquisitions.  We can also offer great experience in ESOP transactions.