Executive Compensation
We will help you select compensation tools to attract, retain, and reward your key employees.
A routine component of our services is to explain the pros and cons of all types of equity incentive arrangements, including:
- restricted stock
- restricted stock units
- stock options
- stock appreciation rights
- phantom stock
- profits interests for limited liability company structures
If your objective is to supplement 401(k) and other tax-qualified retirement benefits for your key employees, we will clearly explain the complex set of rules that apply to non-qualified deferred compensation plans, including compliance with:
- Internal Revenue Code section 409A
- Special timing rules for employment taxes
- Procedures for setting up a “rabbi” grantor trust to effectively fund the promise to pay
Qualified Retirement Plans
We assist with the design, drafting, implementation, administration, merger, and termination of all types of tax-qualified retirement plans.
Most employers work with a third party vendor to maintain a 401(k), profit sharing, or 403(b) plan, but completing an adoption agreement is far more complex than the check-the-box approach leads one to believe. We can help you with the process and ensure your plan design is meeting your objectives.
We also have extensive experience with more complex plan designs, such as defined benefit pension plans, cash balance plans, and ESOPs.
Welfare Benefit Plans
We help employers ensure the medical, dental, vision, life insurance and other welfare benefit plans offered to employees fully comply with the requirements of ERISA, COBRA, HIPAA, and the Affordable Care Act. For a reasonable flat fee, we will prepare or review:
- welfare benefit “wrap” plan documents
- Section 125 “cafeteria” plan documents
- flexible spending account plan documents
M&A Transactions
We routinely assist clients with the employee benefit and executive compensation aspects of mergers and acquisitions, sales, and spin-offs.
Fiduciary Compliance
We educate officers and other individuals who serve in an ERISA fiduciary role for plan sponsors about their roles and responsibilities and provide strategies for mitigating liability exposure.
We assist fund managers and IRA and other retirement plan investors with ERISA considerations related to investments, including application of the plan asset regulation, prohibited transaction considerations, and fiduciary rule “best interest” contract compliance.
Compliance Proceedings
We represent plan sponsors in connection with IRS and Department of Labor audits and prepare applications under IRS and Department of Labor voluntary compliance programs.