Employee Benefits & Executive Compensation/ERISA

Our Employee Benefits attorneys advise our clients on issues arising under Employee Benefits & Executive Compensation Act (ERISA), the Multi-Employer Pension Plan Amendments Act, the Pension Protection Act, the Affordable Care Act, the Health Insurance Portability and Accountability Act, the Internal Revenue Code, and other federal and state laws governing retirement, health and welfare benefit plans and executive compensation arrangements. We practice in court and before the Department of Labor and the IRS. Our Employee Benefits attorneys:

  • Assist clients with the design, administration and termination of qualified and non-qualified benefit plans including:
    • Drafting and amending benefit plans and, as necessary, submitting them to the Internal Revenue Service
    • Drafting participant communications
    • Complying with annual reporting and disclosure requirements
    • Counseling clients regarding the benefit plan implications of a business sale, purchase or closure
    • Health and welfare benefit plan design and compliance with applicable regulations such as the Patient Protection and Affordable Care Act (PPACA), Consolidated Omnibus Budget Reconciliation Act (COBRA) and Health Insurance Portability & Accountability Act (HIPAA)
    • Assisting plan administrators with the proper administration of plans, including remediation of non-compliant practices such as excessive payments to retirement plans, review of delinquent 401(k) plan loans, enforcement of spousal/survivor rights under Employee Retirement Income Security Act (ERISA) and approval of qualified domestic relations orders (QDRO’s)
    • Negotiating structured settlements on behalf of employers in connection with U.S. Department of Labor Employee Benefits Security Administration (EBSA) audits targeting 401(k) plans
  • Representing management, benefit plans and plan fiduciaries, including employer trustees, in claims disputes and litigation, which can include:
    • Seeking plan benefits and breach of fiduciary duty
    • Representing employers in pension withdrawal liability claims under the Multiemployer Pension Plan Amendments Act
    • Advising on executive compensation issues to position our clients to attract and retain high caliber executives
    • Assisting employers structure non-qualified deferred compensation plans compliant with Sections 409A and 457(f) of the Internal Revenue Code

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Patrick W. McGovern
Partner
973.535.7129

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Gina M. Schneider
Counsel
973.535.7134

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Ryann M. Aaron
Associate
973.387.7812

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