Employers and employee benefit plan service providers continually face increasingly difficult questions and tasks that require skilled legal advice. The growing complexity of this area renders employee benefit plan sponsorship and compliance a challenging task for employers. The attorneys in Shuttleworth & Ingersoll’s Employee Benefits Practice Group are ready to meet those challenges by:
- Helping employers design, implement employee benefits packages
- Assisting sponsors with plan administration
- Providing ongoing compliance advice to clients
- Representing clients before government agencies
- Representing employers and other plan fiduciaries in ERISA litigation.
Employee Benefits Practice Focus Areas
Qualified Retirement Plans
The firm assists employers with design, compliance and qualification issues relating to qualified retirement plans, including 401(k) plans, Simple plans, 403(b) plans and 457(b) plans.
Employee Stock Ownership Plans (ESOPs)
The firm also advises clients with Employee Stock Ownership Plans (ESOPs), including plan document preparation, qualification and compliance.
Executive and Deferred Compensation
The firm provides assistance with the development of nonqualified executive compensation plans and programs, including SERPS, nonqualified stock options, phantom stock plans, SARs, wrap around plans and other deferred compensation plans. The firm advises clients on compliance issues with regard to these plans, including top hat filings, potential ERISA issues and IRC Section 409A.
Welfare Benefit Plans
Our attorneys advise clients on the design, implementation, and administration of welfare plans governed by ERISA, including self-funded and insured health and dental plans, cafeteria plans, short term disability plans, dependent care plans, and severance plans and programs.
Practice Before Government Agencies
Our attorneys assist clients in seeking guidance and rulings from the Internal Revenue Service and the Department of Labor. We also work with employer sponsors on plan correction issues under the Employee Plans Compliance Resolution System of the Internal Revenue Service, including filings under the Voluntary Correction Program (VCP).
Interdisciplinary Privacy/HIPPA Practice
The firm advises clients with respect to compliance with COBRA, the Family Medical Leave Act, the Health Insurance Portability and Accountability Act (HIPAA), and other federal and state laws affecting employee benefit plans.
The firm regularly represents employers, plan sponsors, benefit committees, and other employee benefit plan fiduciaries with respect to disputed claims for benefits under employee pension and welfare plans covered by ERISA, both in administrative proceedings and in lawsuits in federal and state courts. The firm also represents employees seeking to obtain benefits under ERISA plans which may have been wrongfully denied or withheld.