Dunn Carney has significant experience in a wide range of employee benefit design, documentation, implementation, administration, maintenance and reporting and disclosure compliance.

 

 

 Qualified Plans-  We have significant experience in all aspects of qualified pension, profit sharing and stock bonus plans.  This includes working with individually designed plans, volume submitter plans, master/prototype plans and 401(k) plans, including safe harbor, cross-tested and age-weighted plans and employee stock ownership plans (ESOPs).  We deal with the unique issues encountered in self-employed, partnership or limited liability company plans and IRAs, as well as plans of commonly controlled entities, affiliated service groups, leased employees and multiple employer plans.

 

We design, draft, amend, merge and terminate all types of benefit plans and assist our clients with qualification, operational and compliance issues, including advising clients of changes in the laws, obtaining governmental approvals and developing materials for communications with employees.  We work as a team with the client’s other consultants such as accountants, investment advisors, trustees, third party administrators and record-keepers.

 

Nonqualified, Executive and Incentive Plans  We are well versed in nonqualified executive and incentive compensation, including stock options, restricted stock and units, stock appreciation rights (SARs), phantom stock and units, bonus arrangements and performance plans, SERPs, profits and promoted interests and other deferred compensation programs, and are experienced with securing the benefits with insurance and rabbi trusts.

We prepare plans, employment agreements and independent contractor agreements that involve various types of current and deferred compensation, equity based incentives and severance benefits, including change of control arrangements, golden parachutes and fringe benefits.  We also assist clients in bringing plans into compliance with Section 409A or preserving their plan’s exemption or grandfather status under this relative new legislation.

 

Welfare Benefit Plans- We routinely deal with all types of welfare benefit and insurance arrangements, including health, life, accident, disability, cafeteria and flexible benefit plans.  We also assist clients with compliance with HIPAA and COBRA. 

 

Business Transactions- Dunn Carney also has extensive experience in handling compensation and benefit plan aspects of business transactions such as acquisitions, sales, mergers, spin-offs and leveraged buyouts, including the use of ESOPs.  See Tax Team.

 

Dispute Prevention & Resolution-  We provide preventive counseling to reduce exposure to employee complaints and governmental agency inquiries.  We assist clients (employers and employees) in dispute resolution matters involving employee claims under the plan’s administrative claims review procedures and we have represented clients before the Internal Revenue Service, the Department of Labor, as well as in court. 

 

Fiduciary Matters-  Our practice also includes advising clients with respect to fiduciary responsibility under ERISA and the prohibited transaction rules, insuring transactions comply with the rules or obtaining exemptions from those rules or rectifying problems that may occur. 

 

Contact person: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , Employee Benefits and Compensation Plans