Practice Areas & Industries: Roetzel & Andress, A Legal Professional Association

Practice/Industry Group Overview

Our Employee Benefits attorneys at Roetzel & Andress help organizations maximize the value of benefits provided to employees while minimizing the employer's exposure. We represent benefit plans, plan sponsors, fiduciaries, and administrators in all aspects of plan drafting, coverage disputes, language interpretation, regulatory compliance, and coordination of benefits issues. Our group is well-versed in assisting employers, fiduciaries, plan sponsors, and insurers with operational and administrative review issues and, if necessary, litigating claims relating to employee benefits and obligations under ERISA.

Our team understands how federal and state laws interrelate and impact employee benefit plans. We take the time to fully comprehend our clients' needs and objectives and tailor programs accordingly. Our attorneys maintain constant communication with clients and their HR staffs to keep them informed of any required or advantageous regulatory changes that may impact their organization's benefits programs or packages.

Our Employee Benefits attorneys have built strong reputations and relationships with the Department of Labor, the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation. We also partner with actuaries, accountants, compensation consultants, and bank trustees on an ongoing basis.

Services Available

• 401(k)s, Employee Stock Ownership Plans (ESOPs), and pension plans
• Claims administration issues
• Employee Retirement Income Security Act (ERISA)
• Executive compensation
• Family and Medical Leave Act (FMLA)
• Fiduciary responsibility counseling
• Fringe benefit plans
• Litigation
• Regulatory compliance
• Welfare benefit plans

Representative Matters

• Assisted several publicly-traded companies in planning, drafting, and implementing non-qualified deferred compensation plans
• Drafted 403(b) plans for several governmental entities in both Ohio and Florida
• Assisted several private employers in working with the IRS regarding delinquent annual filings
• Negotiated with the IRS on behalf of the plan sponsor of a disqualified plan to limit the negative tax ramifications to that employer and the plan participants
• Obtained qualification letters for initial adoption of and amendments to ongoing retirement plans
• Obtained a summary judgment for the employer involving a claim for additional pension benefits brought by an early retiree
• Received a favorable court decision after a trial in federal court for a claim of misrepresentation of benefits brought by a former plan participant
• Assisted several large welfare benefit plans in successfully defending claims brought by participants at the administrative review level
• Defended a plan fiduciary in federal court regarding a claim for breach of fiduciary duty