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Employers of all kinds – public and private entities, governmental employers, and tax-exempt organizations – rely on Krieg DeVault for customized employee benefit and executive compensation solutions. We also frequently represent plan trustees, third-party administrators, and benefit consultants, including those involved with all types of retirement and welfare plans. Our lawyers include Certified Employee Benefits Specialists and former benefit consultants. We understand the legal and practical issues involved in complex benefit plans, from design and implementation to ongoing administration and plan audits, both internal and initiated by the Internal Revenue Service (IRS) or Department of Labor (DOL). We also work closely with employers to help them contain benefit costs, particularly as they relate to health care.  Because we work with all types of employers and plans, we can spot potential problems in employee benefits and executive compensation programs and develop solutions. We strive to assist our employers in avoiding rather than correcting problems. We do this through due diligence during merger and acquisition activities, counseling clients on their fiduciary obligations, and helping to document processes. When a problem does arise, we have lawyers experienced in handling ERISA litigation and governmental audits and penalty assessments. Our compliance team works with employers to correct plan defects and administrative errors. Our lawyers also identify innovative techniques to meet the deferred incentive and equity-based compensation needs of business owners and executives.

  • Design and implementation of plan and trust
  • Plan and trust documentation, including procedures and forms
  • IRS determination letter requests
  • Client updates on legislative and regulatory changes that affect plans
  • IRS, ERISA and state law compliance, self-audit and assistance in correcting plan document and operational failures
  • Controlled group or affiliated service group analysis
  • Advice on fiduciary issues including
  • Advice and correction of
  • Review of investment policy statements
  • Review and negotiation of service provider service agreements
  • Advice concerning the reasonableness of plan fees
  • DOL audit advice and assistance
  • DOL Voluntary Fiduciary Correction program assistance (VFC)
  • DOL Delinquent Filer Voluntary Correction program filings (DFVC)
  • IRS audit advice and assistance
  • IRS Employee Plans Compliance Resolution System program (EPCRS) filings
  • IRS Voluntary Compliance Program filings (VCP)
  • IRS Self-Correction of Operational Failures (SCP) assistance and documentation
  • Plan termination - assistance and government filings (IRS and PBGC)
  • DOL reporting and disclosure requirements compliance assistance
  • Form 5500 preparation and filing
  • Determination of partial plan termination and impact on plan
  • Freeze plans -
  • Mergers and spin-offs of plans
  • Assistance with benefits issues associated with mergers and acquisitions
  • ERISA litigation
  • Private letter ruling requests
  • Technical advice memorandum requests
  • Types of Plans
    • Defined Benefit Plans
      • Traditional
      • Cash balance
      • Hybrid
      • Retiree medical accounts (401(h))
    • Defined Contribution Plans
      • Profit sharing
      • 401(k)
      • Employee Stock Ownership Plans (ESOP)
      • Combination 401(k)/ESOP (KSOP)
      • Cross-tested plans
      • Target
      • Money purchase
    • Multiemployer plans
    • Multiple employer plans
    • Church plans
    • Government plans
    • Taft-Hartley
  • Plan documentation
  • ERISA and state law compliance issues
  • Controlled or affiliated service group analysis
  • Advice on fiduciary issues including
  • HIPAA privacy and security compliance
  • COBRA administration and compliance
  • DOL audit advice and assistance
  • Plan termination
  • DOL reporting and disclosure requirements
  • Form 5500 preparation and filing
  • Review and negotiation of service provider service agreements
  • Advice concerning the reasonableness of plan fees
  • Assistance with benefits issues associated with mergers and acquisitions
  • ERISA litigation
  • Advice on onsite medical facilities
  • Types of Plans
    • Self-funded and insured health plan arrangements
    • Section 125 cafeteria plans
    • Multiple Employer Welfare Arrangements (MEWAs)
    • Multiemployer (Taft-Hartley) plans
    • Church plans
    • Government plans
    • VEBAs and other funding arrangements
    • Life and disability plans
    • Retiree plans
    • Adoption assistance plans
    • Qualified transportation plans
    • Educational assistance plans
    • Wellness plans
  • Federal and state trial and appellate court litigation
  • Litigation, arbitration and mediation services
  • Pre-suit claim resolution
  • Administrative proceedings
  • Representation of plaintiffs or defendants
  • Claims for benefits
  • Breaches of ERISA fiduciary duties
  • Reporting and disclosure violations
  • Collection of delinquent contributions
  • MEPPA withdrawal liability claims
  • Review of ERISA fiduciary liability insurance policies
  • Processing of notice of claim with liability insurer
  • Malpractice claims against plan service providers
  • Review of service provider contracts
Employee Stock Ownership Plans
  • Board of trustee representation
  • Compliance with all applicable federal and state laws
  • Attendance at trustee meetings
  • Collective contributions owed to fund
  • Collective MEPPA withdrawal liabilities on behalf of fund
  • Claims for benefits (during administrative, appeal and litigation stages)
  • Defense of breach of fiduciary duties allegations against plan fiduciaries
  • Subrogation against third parties
  • DOL/IRS audits or examinations
  • Correction of operational or document failures
  • Legal opinions
  • Development and documentation of administrative policies and procedures (QDROs, IPSs, RFPs, employer audits, etc.)
  • Types of Plans
    • Pension plans
    • Health & welfare plans
  • Design and implementation of plan
  • Plan documentation
  • Interpretation of statutes or other governing documents
  • Controlled or affiliated service group analysis
  • Advice on fiduciary issues including
  • Review of investment policy statements
  • Review and negotiation of service provider service agreements
  • IRS determination letter requests
  • IRS and state law compliance self-audit and assistance in correcting plan document and operational failures
  • IRS audit advice and assistance
  • IRS Employee Plans Compliance Resolution System program (EPCRS) filings
  • IRS Voluntary Compliance Program filings (VCP)
  • IRS Self-Correction of operational failures (SCP) assistance and documentation
  • Determination of partial plan termination and impact on plan
  • Freeze plans -
  • Mergers and spin-offs of plans
  • Assistance with benefits issues associated with mergers and acquisitions
  • Plan termination - assistance and government filings (IRS and PBGC)
  • Private letter ruling requests
  • Technical advice memorandum requests
  • Guidance on investment authority of appointed officials with respect to plans
  • Guidance and legal opinions on the responsibilities of appointed and elected officials with respect to employee benefits
  • Additional Services for Tax-Exempt Employers
  • Types of Plans
    • Defined Benefit Plans
      • Traditional
      • Cash balance
      • Hybrid
      • Retiree medical accounts (401(h))
    • Defined Contribution Plans
      • Profit sharing plans and 401(k) plans
      • Money purchase plans
      • Target plans
    • Retiree plans
    • Leave conversion plans
    • Internal Revenue Code Section 403(b) plans
    • IRC 457(b) and 457(f) plans
    • Multi-Employer plans
    • Multiple employer plans
    • Church plans
    • Governmental plans
  • Equity-based plans
  • Industry-unique services
  • Not-for-profit entities
  • ESOP companies
  • Financial Institutions
  • Designing, drafting, amending and terminating plans and agreements
  • Negotiation of plans and agreements
  • Consulting
    • Plan design
    • Legal considerations
    • Income tax considerations
    • Tax reporting and withholding
    • Accounting considerations
    • Securities law considerations
  • Compliance
    • Code Section 162(m)
    • Code Section 280G
    • Code Section 409(p)
    • Code Section 409A
    • Code Section 457(f)
    • Code Section 457A
    • ERISA
  • Governmental Interaction
    • IRS audit response
    • Private letter rulings
  • Types of Plans and Agreements
    • Executive Agreements
      • Employment agreements
      • Severance agreements
      • Severance pay plans
      • Change in control agreements
      • Retention agreements
      • Golden parachute agreements
      • Perquisites and fringe benefits
    • Deferred Compensation Plans
      • Executive and director plans
      • SERPs
      • Excess benefit plans
      • Make-up benefit plans
      • Rabbi trusts
      • COLI/BOLI
    • Incentive Compensation Plans
      • Company-wide bonus plans
      • Long and short term incentive plans
      • Phantom stock plans
      • Stock Appreciation Right plans (SARs)
      • Restricted Stock Unit plans (RSUs)
      • Performance share plans
  • Equity-Based Plans
    • Employee Stock Purchase Plans (ESPPs)
    • Omnibus equity incentive plans
    • Stock option plans (ISOs and NSOs)
    • Restricted stock plans
  • Industry-Unique Services
    • Publicly-Traded Companies
      • Disclosure of executive compensation
      • Compensation committee consultation
  • Not-For-Profit Entities
    • Code Section 457(f) plans
    • Excess benefit transactions
    • Audit assistance
  • ESOP Companies
    • Code Section 409(p) consulting
  • Financial Institutions
    • TARP compliance
    • Legislative monitoring
  • Due diligence review of parties' employee benefit plans, including:
    • Identification of benefits issues to resolve pre-closing
    • Correction of operational and plan document issues
    • Advice and recommendations regarding plan design, amendment and termination
  • Drafting of plan amendments
  • Drafting of benefits-related provisions of letters of intent and acquisition documents
  • Drafting of buyer and seller covenants
  • Advice for integrating employees in surviving plans
  • Plan terminations
  • Review of nonqualified plan
  • Identification of COBRA obligations and liabilities
  • IRS and DOL reporting and disclosure requirements related to transaction
  • IRS, ERISA and state law compliance self-audit and assistance in correcting plan document and operational failures
  • IRS audit advice and assistance, including negotiating audit CAP sanctions with IRS
  • IRS Employee Plans Compliance Resolution System (EPCRS) filings
  • IRS Voluntary Compliance Program filings (VCP)
  • IRS Self-Correction of operational failures (SCP) assistance and documentation
  • DOL audit advice and assistance
  • DOL Voluntary Fiduciary Correction program assistance (VFC)
  • DOL Delinquent Filer Voluntary Correction program filings (DFVC)
  • Work with IRS to re-qualify a disqualified plan
Employee Benefits

March 26, 2024
Plan Sponsors Take Note: New Litigation Brings Attention to Potential Fiduciary Risk for Group Health Plan Sponsors

Employee Benefits

January 23, 2024
Covering Long-Term, Part-Time Employees Under 401(k)

Employee Benefits

November 2, 2023
IRS Announces Retirement Plan Limitations for 2024

Business

August 31, 2023
Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act

Employee Benefits

August 30, 2023
IRS Extends Effective Date for Roth Treatment of Catch-Up Contributions to 2026

Employee Benefits

August 22, 2023
IRS Issues Notice Regarding ESOP Compliance

Employee Benefits

August 17, 2023
Secure Act 2.0 Allows Employers to Make Matching Contributions to Retirement Plans Based on Employees’ Student Loan Payments

Employee Benefits

June 1, 2023
2024 HSA Limits Released

Firm News and Events

February 28, 2023
Krieg DeVault Announces 10 Attorneys as 2023 Indiana Super Lawyers; 9 as 2023 Indiana Rising Stars

Employee Benefits

January 17, 2023
SECURE Act 2.0 Expands on 2019 Secure Act Retirement Provisions

Employee Benefits

January 4, 2023
Fiduciary Alert: New ERISA Group Health Plan Service Provider Fee Disclosures Require Plan Sponsor Attention

Employee Benefits

November 16, 2022
Guidance on New RMD Rules in IRS Notice 2022-53; Final Regulations Forthcoming

Employee Benefits

October 24, 2022
IRS Announces Retirement Plan Limitations for 2023

Firm News and Events

September 22, 2022
William W. Merten Joins Krieg DeVault’s ESOP and Employee Benefits & Executive Compensation Practices

Employee Benefits

August 24, 2022
IRS Announces Extension for SECURE & CARES Act Amendments

Employee Benefits

August 23, 2022
IRS Announces Extension for SECURE & CARES Act Amendments

Firm News and Events

August 18, 2022
13 Krieg DeVault Attorneys Recognized by 2023 Best Lawyers®; 7 Named to the 2023 Best Lawyers in America® Listing; 1 Receives “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

Employee Benefits

June 28, 2022
IRS Announces Launch of Pre-Examination Compliance Program for Qualified Retirement Plans

Employee Benefits

January 24, 2022
What is an ESOP? (Podcast)

Firm News and Events

January 1, 2022
Krieg DeVault Announces 2022 Partner Promotions

Employee Benefits

September 8, 2021
Revenue Procedure 2021-30 Brings Welcome Changes to IRS Correction Program

Employee Benefits

July 13, 2021
U.S. Department of Labor Issues Cybersecurity Guidance for Retirement Plans

Employee Benefits

July 6, 2021
DOL Issues Temporary Safe Harbor for Missing Participants in Terminating Defined Contributions Plans

Employee Benefits

October 27, 2020
IRS Announces Retirement Plan Limitations for 2021

Business

June 29, 2020
Tax-Exempt Organizations Should be Prepared to File and Pay the Section 4960 Excise Tax on Executive Compensation by July 15, 2020

Employee Benefits

May 28, 2020
DOL Finalizes Rule Providing Alternative Safe Harbor Method for Electronic Disclosure by ERISA Retirement Plans

Employee Benefits

May 14, 2020
IRS Guidance Increases FSA Carryover Limit, Clarifies Reimbursement of Individual Health Coverage Premiums

Employee Benefits

May 13, 2020
IRS Provides Flexibility for Cafeteria Plans to Permit Mid-Year Election Changes, Extend FSA and DCAP Claims Periods

Employee Benefits

May 12, 2020
DOL and IRS Pandemic Relief for Group Health Plans and Retirement Plans

Employee Benefits

April 20, 2020
Employer Tax-Free, Deductible Disaster Relief Benefits for Employees

Employee Benefits

April 9, 2020
IRS Provides Guidance For HSAs and Retirement Plans

Employee Benefits

April 2, 2020
COVID-19 and Partial Plan Terminations

Employee Benefits

April 2, 2020
The CARES Act: Changes Posed to Health Plans and HSAs

Employee Benefits

March 31, 2020
The CARES Act: Changes Posed to Employer-Sponsored Retirement Plans

Employee Benefits

March 31, 2020
Executive Compensation Restrictions Under the CARES Act

Employee Benefits

March 23, 2020
ESOP COVID-19 Alert

Employee Benefits

March 10, 2020
IRS to Issue Guidance for High Deductible Health Plans in Light of COVID-19

Employee Benefits

February 26, 2020
The Setting Every Community Up for Retirement Enhancement (SECURE) Act

Employee Benefits

February 24, 2020
Mandatory Arbitration, Class Action & Exhaustion Provisions: Cause to Amend Claims Procedures?

Firm News and Events

August 14, 2019
Eight Attorneys Named to 2020 Best Lawyers in America Listing

Firm News and Events

January 27, 2019
Corben A. Lee Joins Krieg DeVault's Business, Acquisitions, and Securities and Employee Benefits and Executive Compensation Practice Groups

Thought Leadership

November 18, 2018
Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

Thought Leadership

November 18, 2018
Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

Thought Leadership

November 15, 2018
IRS Announces Pension Plan Limitations for 2019

Thought Leadership

November 14, 2018
IRS Issues Proposed Regulations for Hardship Distributions

Firm News and Events

August 14, 2018
10 Krieg DeVault Attorneys Named to 2019 Best Lawyers in America Listing

Thought Leadership

June 18, 2018
Recent Guidance for the Mental Health Parity Act: Are You in Compliance?

Thought Leadership

April 30, 2018
IRS Does An "About-Face" On HSA Limits

Thought Leadership

March 11, 2018
Bipartisan Budget Act of 2018

Thought Leadership

March 11, 2018
IRS Reduces 2018 Limits for Health Savings Accounts and Adoption Credits

Thought Leadership

March 11, 2018
New Disability Claims Final Regulations - Effective April 1st!

Thought Leadership

February 15, 2018
Employee Benefits and Tax Reform: What You Need to Know

Thought Leadership

January 1, 2018
IRS Provides Year-End Gift

Employers of all kinds – public and private entities, governmental employers, and tax-exempt organizations – rely on Krieg DeVault for customized employee benefit and executive compensation solutions. We also frequently represent plan trustees, third-party administrators, and benefit consultants, including those involved with all types of retirement and welfare plans. Our lawyers include Certified Employee Benefits Specialists and former benefit consultants. We understand the legal and practical issues involved in complex benefit plans, from design and implementation to ongoing administration and plan audits, both internal and initiated by the Internal Revenue Service (IRS) or Department of Labor (DOL). We also work closely with employers to help them contain benefit costs, particularly as they relate to health care.  Because we work with all types of employers and plans, we can spot potential problems in employee benefits and executive compensation programs and develop solutions. We strive to assist our employers in avoiding rather than correcting problems. We do this through due diligence during merger and acquisition activities, counseling clients on their fiduciary obligations, and helping to document processes. When a problem does arise, we have lawyers experienced in handling ERISA litigation and governmental audits and penalty assessments. Our compliance team works with employers to correct plan defects and administrative errors. Our lawyers also identify innovative techniques to meet the deferred incentive and equity-based compensation needs of business owners and executives.

Focus Areas

  • Design and implementation of plan and trust
  • Plan and trust documentation, including procedures and forms
  • IRS determination letter requests
  • Client updates on legislative and regulatory changes that affect plans
  • IRS, ERISA and state law compliance, self-audit and assistance in correcting plan document and operational failures
  • Controlled group or affiliated service group analysis
  • Advice on fiduciary issues including
  • Advice and correction of
  • Review of investment policy statements
  • Review and negotiation of service provider service agreements
  • Advice concerning the reasonableness of plan fees
  • DOL audit advice and assistance
  • DOL Voluntary Fiduciary Correction program assistance (VFC)
  • DOL Delinquent Filer Voluntary Correction program filings (DFVC)
  • IRS audit advice and assistance
  • IRS Employee Plans Compliance Resolution System program (EPCRS) filings
  • IRS Voluntary Compliance Program filings (VCP)
  • IRS Self-Correction of Operational Failures (SCP) assistance and documentation
  • Plan termination - assistance and government filings (IRS and PBGC)
  • DOL reporting and disclosure requirements compliance assistance
  • Form 5500 preparation and filing
  • Determination of partial plan termination and impact on plan
  • Freeze plans -
  • Mergers and spin-offs of plans
  • Assistance with benefits issues associated with mergers and acquisitions
  • ERISA litigation
  • Private letter ruling requests
  • Technical advice memorandum requests
  • Types of Plans
    • Defined Benefit Plans
      • Traditional
      • Cash balance
      • Hybrid
      • Retiree medical accounts (401(h))
    • Defined Contribution Plans
      • Profit sharing
      • 401(k)
      • Employee Stock Ownership Plans (ESOP)
      • Combination 401(k)/ESOP (KSOP)
      • Cross-tested plans
      • Target
      • Money purchase
    • Multiemployer plans
    • Multiple employer plans
    • Church plans
    • Government plans
    • Taft-Hartley
  • Plan documentation
  • ERISA and state law compliance issues
  • Controlled or affiliated service group analysis
  • Advice on fiduciary issues including
  • HIPAA privacy and security compliance
  • COBRA administration and compliance
  • DOL audit advice and assistance
  • Plan termination
  • DOL reporting and disclosure requirements
  • Form 5500 preparation and filing
  • Review and negotiation of service provider service agreements
  • Advice concerning the reasonableness of plan fees
  • Assistance with benefits issues associated with mergers and acquisitions
  • ERISA litigation
  • Advice on onsite medical facilities
  • Types of Plans
    • Self-funded and insured health plan arrangements
    • Section 125 cafeteria plans
    • Multiple Employer Welfare Arrangements (MEWAs)
    • Multiemployer (Taft-Hartley) plans
    • Church plans
    • Government plans
    • VEBAs and other funding arrangements
    • Life and disability plans
    • Retiree plans
    • Adoption assistance plans
    • Qualified transportation plans
    • Educational assistance plans
    • Wellness plans
  • Federal and state trial and appellate court litigation
  • Litigation, arbitration and mediation services
  • Pre-suit claim resolution
  • Administrative proceedings
  • Representation of plaintiffs or defendants
  • Claims for benefits
  • Breaches of ERISA fiduciary duties
  • Reporting and disclosure violations
  • Collection of delinquent contributions
  • MEPPA withdrawal liability claims
  • Review of ERISA fiduciary liability insurance policies
  • Processing of notice of claim with liability insurer
  • Malpractice claims against plan service providers
  • Review of service provider contracts
Employee Stock Ownership Plans
  • Board of trustee representation
  • Compliance with all applicable federal and state laws
  • Attendance at trustee meetings
  • Collective contributions owed to fund
  • Collective MEPPA withdrawal liabilities on behalf of fund
  • Claims for benefits (during administrative, appeal and litigation stages)
  • Defense of breach of fiduciary duties allegations against plan fiduciaries
  • Subrogation against third parties
  • DOL/IRS audits or examinations
  • Correction of operational or document failures
  • Legal opinions
  • Development and documentation of administrative policies and procedures (QDROs, IPSs, RFPs, employer audits, etc.)
  • Types of Plans
    • Pension plans
    • Health & welfare plans
  • Design and implementation of plan
  • Plan documentation
  • Interpretation of statutes or other governing documents
  • Controlled or affiliated service group analysis
  • Advice on fiduciary issues including
  • Review of investment policy statements
  • Review and negotiation of service provider service agreements
  • IRS determination letter requests
  • IRS and state law compliance self-audit and assistance in correcting plan document and operational failures
  • IRS audit advice and assistance
  • IRS Employee Plans Compliance Resolution System program (EPCRS) filings
  • IRS Voluntary Compliance Program filings (VCP)
  • IRS Self-Correction of operational failures (SCP) assistance and documentation
  • Determination of partial plan termination and impact on plan
  • Freeze plans -
  • Mergers and spin-offs of plans
  • Assistance with benefits issues associated with mergers and acquisitions
  • Plan termination - assistance and government filings (IRS and PBGC)
  • Private letter ruling requests
  • Technical advice memorandum requests
  • Guidance on investment authority of appointed officials with respect to plans
  • Guidance and legal opinions on the responsibilities of appointed and elected officials with respect to employee benefits
  • Additional Services for Tax-Exempt Employers
  • Types of Plans
    • Defined Benefit Plans
      • Traditional
      • Cash balance
      • Hybrid
      • Retiree medical accounts (401(h))
    • Defined Contribution Plans
      • Profit sharing plans and 401(k) plans
      • Money purchase plans
      • Target plans
    • Retiree plans
    • Leave conversion plans
    • Internal Revenue Code Section 403(b) plans
    • IRC 457(b) and 457(f) plans
    • Multi-Employer plans
    • Multiple employer plans
    • Church plans
    • Governmental plans
  • Equity-based plans
  • Industry-unique services
  • Not-for-profit entities
  • ESOP companies
  • Financial Institutions
  • Designing, drafting, amending and terminating plans and agreements
  • Negotiation of plans and agreements
  • Consulting
    • Plan design
    • Legal considerations
    • Income tax considerations
    • Tax reporting and withholding
    • Accounting considerations
    • Securities law considerations
  • Compliance
    • Code Section 162(m)
    • Code Section 280G
    • Code Section 409(p)
    • Code Section 409A
    • Code Section 457(f)
    • Code Section 457A
    • ERISA
  • Governmental Interaction
    • IRS audit response
    • Private letter rulings
  • Types of Plans and Agreements
    • Executive Agreements
      • Employment agreements
      • Severance agreements
      • Severance pay plans
      • Change in control agreements
      • Retention agreements
      • Golden parachute agreements
      • Perquisites and fringe benefits
    • Deferred Compensation Plans
      • Executive and director plans
      • SERPs
      • Excess benefit plans
      • Make-up benefit plans
      • Rabbi trusts
      • COLI/BOLI
    • Incentive Compensation Plans
      • Company-wide bonus plans
      • Long and short term incentive plans
      • Phantom stock plans
      • Stock Appreciation Right plans (SARs)
      • Restricted Stock Unit plans (RSUs)
      • Performance share plans
  • Equity-Based Plans
    • Employee Stock Purchase Plans (ESPPs)
    • Omnibus equity incentive plans
    • Stock option plans (ISOs and NSOs)
    • Restricted stock plans
  • Industry-Unique Services
    • Publicly-Traded Companies
      • Disclosure of executive compensation
      • Compensation committee consultation
  • Not-For-Profit Entities
    • Code Section 457(f) plans
    • Excess benefit transactions
    • Audit assistance
  • ESOP Companies
    • Code Section 409(p) consulting
  • Financial Institutions
    • TARP compliance
    • Legislative monitoring
  • Due diligence review of parties' employee benefit plans, including:
    • Identification of benefits issues to resolve pre-closing
    • Correction of operational and plan document issues
    • Advice and recommendations regarding plan design, amendment and termination
  • Drafting of plan amendments
  • Drafting of benefits-related provisions of letters of intent and acquisition documents
  • Drafting of buyer and seller covenants
  • Advice for integrating employees in surviving plans
  • Plan terminations
  • Review of nonqualified plan
  • Identification of COBRA obligations and liabilities
  • IRS and DOL reporting and disclosure requirements related to transaction
  • IRS, ERISA and state law compliance self-audit and assistance in correcting plan document and operational failures
  • IRS audit advice and assistance, including negotiating audit CAP sanctions with IRS
  • IRS Employee Plans Compliance Resolution System (EPCRS) filings
  • IRS Voluntary Compliance Program filings (VCP)
  • IRS Self-Correction of operational failures (SCP) assistance and documentation
  • DOL audit advice and assistance
  • DOL Voluntary Fiduciary Correction program assistance (VFC)
  • DOL Delinquent Filer Voluntary Correction program filings (DFVC)
  • Work with IRS to re-qualify a disqualified plan