Matters
- Advised publicly-traded company with more than 100,000 employees on Code Section 162(m) issues to ensure corporate deductions for executive bonus payments.
- Assisted publicly-traded Fortune 500 company with SEC reporting issues for its equity compensation programs and other non-qualified deferred compensation arrangements.
- Created qualified retirement plan vehicles that utilize employer stock investments without compliance challenges experienced under traditional employee stock ownership plan (ESOP) arrangements.
- Devised cost-effective health care delivery arrangements for clients in the health and welfare area on a self-insured and fully insured basis, factoring in applicable state and federal legal requirements wherever necessary.
- Coordinated ad hoc benefit review committees and request for proposal processes for union/non-union entities to evaluate existing defined benefit pension and 401(k) and profit sharing plan arrangements. Developed streamlined plan designs that minimize investment and administrative plan costs while also increasing participation and employee education opportunities.
- Completed more than 200 retirement plan restatements and completed filings with the Internal Revenue Service to maintain compliance with ongoing requirements of the Internal Revenue Code.
- Assisted a more than 60,000-employee organization with the development of internal policies and procedures and follow-up training seminars for more than 200 human resource and employee benefits personnel when the HIPAA Privacy rules became effective.
- Coordinated a 2,300-employee organization’s efforts to implement HIPAA-compliant employee wellness initiatives that were successfully approved by the organization’s 13 union representatives, management, and board authorities.
- Provided guidance on ERISA's fiduciary duty and prohibited transaction rules in all aspects of plan operations, including the investment of plan assets, the engagement of plan service providers, and the proper handling of claims disputes.
- Provided advice on the development of appropriate investment management and advisory relationships to mitigate fiduciary risk.
- Assisted with the implementation of financial services products, and other asset-specific portfolios and products to comply with ERISA's fiduciary provisions.
- Routinely conducted due diligence processes during merger, sale or acquisition scenarios to evaluate ongoing or successor liability issues for existing employee benefit arrangements.
- Evaluated ongoing defined benefit pension funding obligations for ongoing frozen plan situations and when necessary, interfaced with the Internal Revenue Service and Pension Benefit Guaranty Corporation regarding applicable plan funding arrangements and notice requirements.
- Prepared and filed a private letter ruling application with the Internal Revenue Service for a client that wishes to have favorable status recognized for its retirement plans, and have made voluntary compliance filings with the IRS for a separate tax-exempt entity.
- Working with the Internal Revenue Service’s National Office on separate private letter filings for tax-exempt status for retiree health programs of eight separate governmental organizations.
- Obtained summary judgment for the Plan, Plan Sponsor and Third-Party Administrator in a long-term disability case involving a claim of several hundred thousand dollars in U.S. District Court for the Northern District of Florida.
