Foster Swift's employee benefits practice offers a full range of tax, labor law, and litigation services relating to employee benefit plans. We advise clients that are subject to ERISA, as well as clients such as state and local governments and qualifying church organizations that are exempt from ERISA. We assist with the design of benefit plans and drafting documents that implement each design, including employee disclosure materials. We help employers to ensure that their programs comply with changes in relevant tax and labor law, including ERISA and other laws. We assist employers with IRS and U.S. Department of Labor audits. We negotiate closing agreements and private letter rulings with the Internal Revenue Service. Our practice also includes advising clients in important corporate transactions that involve ESOP, prohibited transaction and other special legal problems. We provide advice to employers regarding the corporate governance and fiduciary duty aspects of implementing and administering an employee benefit plan. And, we have expertise in the growing area of international employee benefit planning, including the taxation of employee benefit plans pursuant to tax treaties.
Our work covers all kinds of qualified retirement plans, including (1) 401(k), ESOP and other defined contribution plans, and (2) defined benefit plans (including cash balance plans). We also have an extensive practice relating to nonqualified top hat plans, excess benefit plans, Internal Revenue Code Section 409A compliance, funded nonqualified deferred compensation and rabbi trust issues, and the securities law (SEC and blue sky) implications of nonqualified deferred compensation arrangements.
We have extensive experience with health plan compliance and documentation (including Affordable Care Act issues); funded welfare benefits, including the creation of VEBA programs; cafeteria flex plan design and implementation; welfare benefit plan discrimination testing; COBRA compliance; HRA, HSA, dependent care assistance, transportation fringe, and other welfare benefit programs. We have also advised clients regarding the establishment of revenue credit account (RCA) arrangements (ERISA expense accounts) and the related U.S. Department of Labor guidance.
Over the years, clients have been as varied as the challenges they’ve faced. When it comes time to meet your own unique challenges, you will be comforted to know that the members of our Employee Benefits Practice Group are on your team, drawing upon our breadth of experience and skill to assist you in reaching your goals.
Foster Swift has been named a Tier 1 firm in Employee Benefits (ERISA) Law in Lansing by U.S. News – Best Lawyers® "Best Law Firms" in 2014 and 2016.
REPRESENTATIVE EXPERIENCE
Drafting of Entities' Large Qualified Retirement Plans
