Employee benefit plans are governed by a complex and ever-changing set of state and federal statutes, regulations and procedures.
Allen Matkins advises and represents employers in this challenging area, providing clients with guidance that’s both understandable and cost effective. We have expertise in:
- Employee benefits audits and litigation
- Executive compensation
- Health and welfare plans
- Qualified retirement plans
In addition to handling routine matters, we have substantial experience in evaluating, shaping and managing the impact of corporate mergers and acquisitions on benefit plans.
EXPERIENCE
Audits/Litigation
- Plan Sponsors. Represented plan sponsors in obtaining favorable "no action" letters subject to targeted and random audits by IRS and Department of Labor.
- Retirement Plan Provider. Represented a retirement plan provider in obtaining an order of dismissal with prejudice based on ERISA preemption.
- Retailer. Represented large retailer in a dispute with the Internal Revenue Service where the initial IRS demand was $1 million of delinquent contributions and interest. The settlement was $5,000.
- Retirement Plan. Represented a retirement plan in negotiating a 75% reduction in the record keeping fee of $200 million.
Executive Compensation
- Public and Private Employers. Represented public and private employers in the design and drafting of nonqualified deferred compensation plans, including stock-based programs.
Health and Welfare Plans
- Non-Profit Health System. Represented non-profit health system in its formation, including acquisition of government hospital. Performed due diligence, corrected pension plan violations, and brought governmental plans into compliance with ERISA.
- Retail Company. Represented a large retail company in the the preparation and updating of all health and welfare plan documents and furnished advice regarding plan operations.
- Various Companies. Represented manufacturing companies, hotels and resorts, health systems, and other companies in mergers and acquisitions. Performed due diligence, negotiated merger documents, designed and drafted new plans, and advised on plan mergers and spin-offs.
Qualified Retirement Plans
- Three Health Systems. Represented three health systems in merger. Designed, implemented and drafted retirement plans that combine and modify the plans of numerous affiliates with many unions and many different benefit structures.
- Various Companies. Represented companies in reviewing pension and 401(k) plans for compliance with fiduciary duties and tax and securities laws, and correct violations.
- REIT. Represented a publicly traded corporation as it converted into a real estate investment trust. Advised and prepared documentation regarding 401(k) plan fiduciary duties.
- Various Retirement Plans. Represented various retirement plans in negotiating and implementing favorable correction methods, which have resulted in substantial savings in taxes, penalties and interest payments.
- Plan Administrator. Represented plan administrator concerning its fiduciary obligations in connection with sale of 401(k) plan stock to public company, and drafted necessary documentation.
Our Strengths Include
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