ERISA & Employee Benefits

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ERISA & Employee Benefits

Vandeventer Black’s ERISA & Employee Benefits Team partners with our clients for all their employee benefits needs. Our attorneys are experienced in the full range of retirement and welfare benefit issues. If plan administration issues arise, we are always available for consultation. Particular areas of expertise are as follows:

Retirement Plans

Our attorneys have extensive experience with IRS qualified defined benefit pension plans and defined contribution plans. We work with our clients and their vendors, service providers, accountants, actuaries and financial professionals to help them provide safe, attractive retirement benefits for their employees at the lowest administrative cost. Our services include IRS and DOL compliance, plan drafting and amending, Determination Letter submissions, Pension Protection Act issues, administration issues, audits and IRS and DOL remedial procedures. Additionally, we assist with non-qualified plans, including 457 plans, that are offered for the employer’s workforce in general, as well as special plans just for Executives.

Multiemployer & Governmental Plans

Our attorneys have decades of experience representing Taft-Hartley multi-employer and governmental plans. The three attorneys leading our ERISA and Employee Benefits Team have a combined 94+ years’ experience in Taft Hartley Plan matters. We routinely handle complex issues such as withdrawal liability and Pension Protection Act compliance. We routinely guide plans through DOL audits, IRS compliance and Determination Letter filings, and the unique issues facing governmental employers. We work with our labor attorneys when collective bargaining issues intertwine with benefits matters.

Fiduciary Advice

We work with trustees of ERISA plans to guide them in accordance with the fiduciary standards imposed by federal law. Protecting individuals from liability in such a complex and changing area is important in insuring plans are able to attract and retain qualified individuals to successfully administer their plans for the benefit of plan participants.

Health & Welfare Benefits

Our Benefits Team routinely assists employers with health and welfare benefit matters arising under ERISA, COBRA, HIPAA, USERRA, and the ACA. We assist in drafting and amending plans, and IRS and DOL compliance. We review QDROs and QMCSOs, and advise on VEBA and Cafeteria Plan issues. Our attorneys are always available when a client has a quick question related to a particular employee’s question.

Executive Compensation

Vandeventer Black’s active executive compensation practice is focused on structuring non-qualified arrangements. We design and assist our clients in implementing various packages such as phantom stock plans, non-qualified deferred compensation plans, “rabbi” trust arrangements, stock purchase and option agreements and other incentive or bonus plans, in order to supplement or replace traditional vehicles such as 401(k) plans and ESOPs. We also work with lawyers in our Labor & Employment Department to coordinate severance packages that implement special deferred compensation components.

ERISA Litigation

Our employee benefits lawyers work with the firm’s litigation department in any litigation that arises under ERISA or in state court relating to employee benefit plans, including employee claims, fiduciary breaches, document compliance and financial issues.

Representative Matters
  • We serve as co-counsel to the HRSA-ILA Pension and Welfare Funds; seven Taft-Hartley plans providing income, retirement, vacation, short-term disability as well as other benefits to the longshore industry.
  • Successfully guided a plan with multiple operating failures through the VCP process and negotiated a nominal penalty.
  • Settled a matter with the IRS, in which the government threatened disqualification of a non-amended plan. Participants’ assets were safeguarded.
  • Negotiated an exemption from a prohibited transaction with the DOL.
  • Reviewed multiple investment manager contracts, including amendments to investment guidelines.
  • Litigated the collection of mistaken overpayments to participants.
QDRO’s From The Plan Administrator’s Perspective
Jane D. Tucker, Karen Elligers
A qualified domestic relations order (“QDRO”) is a state domestic relations order that assigns to an alternate payee (such as a former spouse or a child) the right to receive all or a portion of benefits payable to a plan participant. Specifically, under ERISA Section 206(d)(3)(B) and Internal Revenue Code ...
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2021 Year-End Compliance Issues and Amendments for Retirement Plans
Vandeventer Black
As the end of 2021 approaches, despite the current focus on proposed legislative infrastructure, spending, and tax packages, retirement plan sponsors should take time before year-end to review deadlines for required 2021 plan amendments and related compliance obligations. 401(k) plan hardship withdrawals – required amendment. The IRS issued regulations in ...
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SECURE Act 2.0 – Look Out for New Retirement Plan Incentives
Vandeventer Black
On the heels of 2019’s SECURE Act (Setting Every Community Up for Retirement Enhancement Act), there currently is broad bipartisan congressional support for additional retirement plan legislation providing incentives to increase employees’ retirement savings.  The House and Senate have drafted substantially similar bills which are working their way through the ...
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