Employee Benefits

Employers must maintain well designed, competitive employee benefits to attract and retain employees. We assist employers with their employee benefit programs by providing the following services 

  • Design, drafting, implementing and maintaining qualified pension and profit-sharing plans including ESOPs, 401(k) plans and complex defined benefit plans.
  • Correction of plan errors through correction methods, such as the Internal Revenue Service voluntary compliance resolution and closing agreement programs.
  • Mergers and terminations of qualified retirement plans including obtaining approval of terminations from the Internal Revenue Service and the Pension Benefit Guaranty Corporation.
  • Advise clients regarding health plans primarily in connection with the Health Insurance Portability and Accountability Act (“HIPAA”) and the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).
  • Keep clients informed of periodic law and regulation changes which impact their employer benefit plans.
  • Representation of clients in connection with Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation audits.
  • Advise clients regarding their employee benefit programs in connection with mergers and acquisitions, including due diligence and contract negotiation and drafting.
  • Negotiation and drafting of investment management agreements for investments funding retirement plans. Negotiating and drafting service contracts with third party administrators.
  • Advising clients regarding ESOPs used for leverage buyouts and business acquisitions.
  • Representation of employers in connection with withdrawals from multiemployer plans and mitigation of withdrawal liability.
  • Nonqualified deferred compensation and executive comparison arrangements:
    • Design, drafting and implementing nonqualified, deferred and executive compensation plans, including equity compensation plans (stock option, restricted stock and phantom stock) and 457(b) and (f) plans for tax exempt and governmental organizations.
    • Advise regarding complex Section 409A rules. 
    • Design of performance based arrangements which are exempt from the $1 million deduction amount.
    • Design of deferred compensation arrangements to be exempt from or to mitigate the impact of golden parachute excise taxes
  • Representation of joint trusteed multi-employer and government retirement systems. 
  • ERISA litigation including fiduciary liability claims, subrogation claim, under medical plans and collection matters.

 Contact: Gerry Richardson314-552-4053grichardson@evans-dixon.com