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The firm's Employee Benefits/ERISA practice group regularly counsels clients on a wide variety of matters regarding employee benefit and executive compensation plans and programs under the Internal Revenue Code and ERISA, including qualified plans, non-qualified deferred compensation plans, supplemental retirement plans, incentive plans, executive compensation, welfare plans, and plans for governmental and tax-exempt employers. Our employee benefits lawyers often work with lawyers in other areas of the firm - such as Commercial Law, Employment Law, and Health Care Law
- on the employee benefit aspects of the client's needs in these areas providing coordinated, successful team solutions for our clients. Clients of our employee benefits practice group include privately held and publicly held employers of all sizes and industries, physician groups and health care employers, public educational institutions, public pension systems, and non-profit and tax-exempt organizations, among others.To learn more about Clark, Thomas & Winters’ Employee Benefits/ERISA practice, please contact
Joe Cain.
REPRESENTATIVE CLIENT INDUSTRIES
Government Employers
Healthcare
Public Pension Systems
Privately Owned and Publicly Traded Companies
Real Estate Investors
Small Business Owners
Tax Exempt Organizations
Universities
Utility Companies
FOCUS AREAS
Qualified PlansOur employee benefits lawyers counsel clients on all aspects of qualified retirement plans, such as 401(k) plans, profit sharing plans, money purchase plans, and defined benefit pension plans. We regularly assist clients in selecting the appropriate type of plan, plan design and drafting, preparing appropriate corporate documents, obtaining IRS approval, and providing ongoing or periodic advice concerning plan administration, service provider agreements, plan investments and distributions, plan amendments, participant claims and related matters, and compliance with changing legal requirements. We frequently work with the client and its other consultants, such as third-party administrators or record keepers, investment advisors, actuaries, and institutional trustees, to efficiently achieve a successful solution for our client's needs.
Non-Qualified Plans/Deferred Compensation ArrangementsOur employee benefits lawyers also work with a wide variety of clients - from small business owners to publicly held employers and public institutional clients - on designing, documenting, implementing, and operating non-qualified, elective, or non-elective executive deferred compensation plans, supplemental retirement plans, rabbi trusts, bonus plans and incentive compensation plans, employment agreements, and severance agreements. We also advise clients with regard to the new non-qualified deferred compensation rules under IRC §409A and its regulations.
Governmental and Tax-Exempt EmployersThe lawyers in our Employee Benefits/ERISA group are experienced in representing a variety of governmental plans and tax-exempt organizations and counseling them on the unique issues they face under the Internal Revenue Code, ERISA, and state law. We advise governmental and tax-exempt employers on both qualified plan and non-qualified plan matters, including IRC §457(b) eligible deferred compensation plans, §457(f) ineligible deferred compensation plans, and §403(b) plans.
Mergers and AcquisitionsAn important part of many business transactions is the human element - a company's employees and their compensation and benefits. Our employee benefits lawyers assist clients in the due diligence review and negotiation of employee benefits and executive compensation issues in business transactions, such as acquisitions, mergers, and dispositions, and with benefit plan administration, restructuring, and amendments, as necessary, following business transactions. We are experienced in representing and advising clients on the issues facing both acquiring companies and acquired companies. We also will act as special counsel to assist a company's existing in-house or outside counsel with employee benefit issues in a particular business transaction they are handling.
Welfare Benefit PlansOur employee benefits attorneys also work with clients on welfare benefit plan matters, including cafeteria plan issues, and regulatory issues relating to multiple employer welfare arrangements covered under ERISA, including the preparation of arrangements and trusts, arrangement documents and coverage documents, and assisting clients in meeting state compliance of various states having state MEWA programs that operate in conjunction with ERISA. We also assist employers that establish self-insured programs, including preparation of insurance coverage documents.
REPRESENTATIVE EXPERIENCES
Qualified Plans
Represented subsidiary corporate employer in the conversion of an existing money purchase pension plan into a 401(k) profit sharing plan.
Represented health care employer in performing an affiliated service group analysis, of employer and related companies.
Represent variety of private employers in the review, analysis and design choices of 401(k) plan and plan documentation prepared by third-party administrators, insurance companies, and financial institutions offering plan document and record keeping services; and in advice concerning on-going plan administration questions or compliance issues.
Represented employer corporation in connection with variety of defined benefit pension plan administration and plan amendment matters, including both voluntary amendments and ones required for legal compliance purposes.
Non-Qualified Plans / Deferred Compensation Arrangements
Represented privately held corporation in the design and documentation of a non-qualified supplemental benefit plan.
Represented utility company in the design and documentation of a non-qualified, top-hat deferred compensation arrangement with top executive.
Governmental and Tax-Exempt Employers
Provide on-going counsel to public pension system regarding investment manager agreements, investment policy statements, review and negotiation of documentation for investments in private real estate partnerships or funds and private equity funds, leasing and other real estate transactions, and general contract matters.
Represented governmental employer in the design and documentation of an IRC §457(b) eligible deferred compensation plan.
Represented tax-exempt employer in development and documentation of an IRC §457(f) non-qualified deferred compensation plan.
Managed the submission to the IRS of a "grandfathered" 401(k) plan of a governmental entity for advance approval and handling additional IRS submissions concerning amendments to that plan.
Mergers and Acquisitions
Represented privately held company, as purchaser in an asset acquisition transaction, in a due diligence review and analysis of qualified plan and welfare plans of target company.
Worked with purchaser's transactional attorneys on a multi-million dollar acquisition and performed a due diligence review and analysis of the existing employee benefit plans, retirement plans, deferred compensation arrangements, supplemental retirement programs, and employment agreements of the selling company, including a review of potential §409A issues.
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