ERISA (Employee Retirement Income Security Act) & Employee Benefits Package
Stewart, Evans, Stewart & Emmons' ERISA and Employee Benefits practice provides consulting on a wide range of employee benefits issues and the drafting of plan documents, both in regards to Internal Revenue Code and ERISA Fiduciary compliance. We represent private sector business organizations, as well as tax exempt organizations, including private communities and golf clubs.
Our knowledgeable interdisciplinary group - skilled in tax, general business, and litigation - ensures thorough and affordable representation with services, including:
- qualified retirement plans
- executive compensation programs
- statutory and regulatory compliance and representation
- governmental filings
- benefits issues relating to mergers, acquisitions, and dispositions
- employee benefits related litigation
Plan Design
We handle all areas of employee benefits planning and design. For qualified retirement plans, we consult with our clients on plan design issues, draft plan documents, and summary plan descriptions and obtain Internal Revenue Service determination letters. We have also worked with clients in all aspects of executive compensation and nonqualified retirement plans, including the design and drafting of plans and funding vehicles available through "rabbi" trust and insurance or other arrangements.
Plan Compliance
In addition to providing our clients with plan design services, we also assist in ensuring that their plans continue to comply with applicable legal requirements and keep up with legislative changes. We advise and assist our clients with compliance in government reporting, participant disclosure, nondiscrimination and minimum coverage requirements for their employee benefit plans. We are also proficient at providing clear advice regarding the assignment of retirement benefits in connection with Qualified Domestic Relations Orders (QDROs).
Because of the intricacy of the rules and regulations surrounding retirement plans, mistakes in administration can occur. We represent clients in IRS and Department of Labor audits and advise them on (and prepare filings under) the IRS's Employee Plans Compliance Resolution System and the Department of Labor's Voluntary Fiduciary Correction Program and Delinquent Filer Voluntary Correction Program. We advise our clients regarding fiduciary responsiblity and prohibited transactions, and draft requests for DOL and IRS exemptions, opinions, and rulings.