In the case of mergers and acquisitions, our attorneys provide due diligence reviews of past practices and compliance as possible ERISA liability is a significant risk factor in any such transaction.
Employee Benefits & ERISA
Employee benefits and compensation planning are becoming increasingly more complex for businesses to navigate. Scarinci Hollenbeck’s team of experienced attorneys, understand the maze of rules and regulations confronting our clients and strive to seamlessly integrate the implementation of tailored plans to serve their needs.
Our Employee Benefits & ERISA Group attorneys provide advice to clients on all aspects of the adoption, administration and termination of qualified plans (pension, profit sharing, 401(k) plans and employee stock ownership plans (ESOPs)), non-qualified plans and other executive compensation arrangements and welfare benefit plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). This significant practice area encompasses a full range of expertise and services involving issues of design, qualification, administration and fiduciary responsibility of plan sponsors of employee benefit plans from both the tax and labor law perspectives.
Our Employee Benefits & ERISA Group attorneys advise clients on the application of the prohibited transaction and fiduciary responsibility rules of ERISA, such as complying with recent Section 408(b)(2) and 404(a)(5) issues. Where necessary, we seek exemptions and opinion letters from the Department of Labor regarding these transactions. We also assist clients in correcting plan operational failures with both the IRS and the DOL under EPCRS (VCP) and VFCP procedures.
Another area of firm expertise concerns advising employers that make contributions to multiemployer plans pursuant to collective bargaining agreements and the significant risks of withdrawal liability, mass withdrawal and minimum funding deficiencies.
If you maintain one or more employee benefit plans, we invite your inquiries.