Employee Benefits

Our attorneys work closely with employers to design and administer retirement plans and healthcare plans and to help select third parties who may provide investment advice or administrative services for plans. We provide counsel to a wide range of clients ranging from large corporations to privately held, family-owned businesses, and from small not-for-profit charities to large governmental employers. While we primarily represent employers who provide benefits to their employees and workers, we also advise other service providers, including the trust and benefits departments for banks and other financial institutions.

We counsel our clients as to all facets of employee benefits, including:

  • Qualified pension, profit-sharing, 401(k) and employee stock ownership ("ESOP") plans
  • Non-qualified deferred compensation and supplemental executive retirement plans
  • Stock-based compensation and option programs
  • Executive employment, severance and change-of-control agreements
  • Welfare benefit, insurance and cafeteria plans
  • 403 (b)
  • 409 A
  • Correction of technical and operational failures, including representation of clients before the Internal Revenue Service

Califf & Harper, P.C. attorneys provide comprehensive advice to our benefits clients in the areas of ERISA, including fiduciary duty and liability, the Internal Revenue Code, labor law, and bankruptcy law.

We provide advice to clients as to a wide variety of employee benefits matters. We have assisted in drafting plan documents and summary plan descriptions, counseled regarding the resolution of plan benefit claims, and given advice in responding to Qualified Domestic Relations Orders ("QDROs") under pension plans and defined contribution plans and Qualified Medical Support Orders ("QMSOs") under health plans. We also have resolved Section 401(k) issues and assisted clients with establishing non-qualified executive deferred compensation programs. In addition, we have assisted our governmental clients in the establishment of Section 403(b) and 457 plans.

We have drafted many cafeteria and flexible benefit plans and regularly advise clients regarding their operation. Concerning COBRA, we routinely counsel clients as to compliance with notice, coverage and other requirements including HIPAA. We have a thorough familiarity with ERISA and the special laws governing the employee benefit plans maintained by government entities.

We are also actively involved in our clients' business transactions, including acquisitions and sales of business entities, where we perform due diligence, negotiate contract terms and assist in the benefits transition process.

When necessary, we have the experience to intercede on behalf of clients when there are operational errors to be corrected, when there is a government or administrative audit, or when a matter must be resolved by litigation or other means of dispute resolution.
 
Attorneys specializing in Employee Benefits include:
 
 
 
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As published in the Califf & Harper, P.C. August 2013 Newsletter