The Employee
Benefits Group at Barrett McNagny works closely with clients in all aspects of
employee benefits law. Our members assist in designing and planning all types
of employee benefit plans and programs and advise clients regarding compliance
with the requirements of the Employee Retirement Income Security Act (ERISA),
the Internal Revenue Code (Code), and other applicable statutes for qualified
and non-qualified retirement, health, disability, cafeteria, and educational
assistance plans.
Attorneys in
the Employee Benefits Group bring an extraordinary amount of experience to the
practice. Our clients range from small local businesses to large multi-national
corporations. We provide each client with the same high quality, responsive,
and cost-effective service.
Tax
Qualified Plans
We assist
clients in developing, implementing, and maintaining tax-qualified and
tax-favored retirement plans, including profit-sharing, pension, 401(k),
employee stock ownership, 403(b), and 457 plans. A key aspect of our practice
is devoted to advising clients on compliance with applicable provisions of the
Code, ERISA, and other applicable statutes.
Executive
Compensation
We assist
clients in developing, implementing, and maintaining a wide variety of
executive compensation arrangements, including non-qualified retirement plans
and equity-based compensation. We provide tax advice regarding the consequences
of executive compensation arrangements for both taxable and non-taxable
employers and their employees.
Health
and Welfare Plans
We design and
prepare health, life, disability, severance and other employee benefit plan
documents, summary plan descriptions, and other notices required by ERISA.
Additionally, we advise clients as to the maintenance, funding, and
modification of retiree medical benefits. We also counsel clients concerning
all aspects of self-funded plans including discrimination issues relating to
employee benefits. Our firm handles key benefits issues arising under all applicable
federal statutes, including COBRA, HIPAA, the Mental Health Parity Act, the
Women's Cancer Rights Act, the Newborn Mother's Act, the Age Discrimination in
Employment Act, the Americans with Disabilities Act, the Family and Medical
Leave Act, and other civil rights and benefits legislation. On a regular basis,
our members draft health, retirement, and cafeteria plans for employers,
third-party administrators, insurers, and reinsurers.
ERISA
Litigation
We represent
clients in disputes among employers, participants, unions, third-party
administrators, insurance and reinsurance companies, and governmental agencies
over health, welfare, and retirement benefit issues and litigation, including
claim appeals, trials, alternative dispute resolution, and mediation. We
represent our clients in benefit claim litigation, benefit discrimination
litigation, fiduciary litigation, and subrogation litigation. We have
successfully defended various health plan coverage lawsuits representing
various employers, insurers, reinsurers, and third-party administrators in 16
states and six federal appellate circuits.
Corporate
Transactions
We are regularly
involved with the employee-benefits aspects of corporate mergers, acquisitions,
dispositions, leveraged buyouts, recapitalizations, and similar transactions.
We have extensive experience analyzing the employee benefits plans of parties
to the transaction, advising buyers and lenders as to funding and other
potential problems, and dealing with retiree medical issues, health insurance
continuation rights, and severance benefit issues that may be present.
