ERISA, Employee Benefits, and Executive Compensation

Doerner, Saunders, Daniel and Anderson, L.L.P. provides a full scope of employee benefit services to a broad range of employers. Employee benefits, welfare plans and executive compensation are fast-growing areas of concern, with new legislative and regulatory requirements continuously taking place. Our Firm can assist you in selecting the type of retirement or welfare plan that is right for you in recruiting and retaining quality employee and executive talent in this ever changing world. Our services include:

• Designing and drafting retirement plans (such as defined benefit, 401(k), profit sharing, ESOPs and stock bonus plans);
• Providing advice with respect to amendments necessitated by periodic changes in the law;
• Assisting non-profit and governmental clients with regard to 403(b) annuity plans and 457 plans.
• Drafting nonqualified deferred and executive compensation agreements, including incentive stock options, nonqualified stock options, restricted stock, phantom stock, stock appreciation rights, employee stock purchase plans and other equity and non-stock incentive arrangements. We are deeply familiar with the rules of Internal Revenue Code Section 409A pertaining to nonqualified defined compensation, employment and change of control agreements, the rules of Section 83 pertaining to the transfer of property in connection with the performance of services and the parachute payment rules, and the tax and securities implications of executive compensation arrangements;
• Helping clients maintain their group health, life, disability and other insured and noninsured welfare plans in compliance with ERISA, the Internal Revenue Code, HIPAA, COBRA and other applicable laws and regulations. Drafting cafeteria/flexible/wrap plans to take advantage of available tax benefits.
• Drafting and/or reviewing benefit summaries, summary plan descriptions and help with all aspects of employee communications regarding employee benefits;
• Obtaining favorable IRS determinations in connection with qualification of retirement plans.

Other aspects of our employee benefit matters include (i) negotiating voluntary corrections and audit-related settlements with the IRS; (ii) reviewing qualified domestic relations orders (QDROs) and qualified medical child support orders (QMCSOs) to ensure compliance with ERISA and the Internal Revenue Code requirements; and (iii) handling pension and non-pension benefit claims (e.g., complying with internal review procedures, pursuing plan subrogation rights and assisting with document interpretation). If the need arises, our Firm is fully equipped to defend the employer’s or plan’s rights through litigation and mediation.

Our goal is to provide practical “can do” solutions communicated timely and plainly. We recognize special benefit issues relating to mergers, acquisitions and spin-offs. In our representation of small and medium sized growing businesses, we have developed cost-effective approaches to benefits planning. We don’t “reinvent the wheel.” We seek to provide prompt, understandable advice that addresses our clients’ needs.