Retirement Plans
Advise employers and plan fiduciaries on all aspects of tax-qualified retirement arrangements, including:


  • Profit sharing plans (including 401(k) and age-weighted plans)
  • Traditional defined benefit and cash balance defined benefit pension plans
  • Taft-Hartley (multiemployer) pension plans
  • 403(b) tax-sheltered annuity, 457 and governmental plans
  • Prevailing wage (Davis-Bacon, Service Contract Act) plans


Typical projects include:

  • Advising on all aspects of new plan set up and obtaining determination letter
  • Reviewing effectiveness of current plan vendors
  • Reviewing reasonableness of current fees paid to all vendors
  • Advising on alternative approaches to investment selection and other fiduciary matters
  • Trust counsel for Taft-Hartley trustees (also for welfare plans)
  • Designing plans to provide greater benefits to key employees
  • Correcting administrative errors practically and efficiently
  • Reviewing benefit plans in connection with an acquisition
  • Qualified domestic relations order (QDRO) preparation and review
  • Child support arrearages recovery via QDRO
  • IRS and DOL plan audit, participant claims and litigation (also for welfare plans)
  • Merger and acquisition due diligence


Welfare Plans


Advise employers and fiduciaries on all aspects of health and welfare benefit plans, including:

  • Affordable Care Act requirements
  • Cafeteria plans, medical spending accounts (including FSAs, HRAs and HSAs)
  • Insured medical, life, disability and AD&D plans; dependent care plans
  • Voluntary Employees' Beneficiary Associations (VEBAs)
  • Taft-Hartley (multiemployer) welfare plans
  • Retiree health plans


Typical projects include:


  • Full-time employee (lookback rule) calculations and penalty tax advice
  • COBRA coverage reviews, advice and documentation
  • Preparing comprehensive documents for all welfare benefit plans
  • Advising on HIPAA compliance (including the privacy and security rules)



Equity Compensation and Other Arrangements


Advise companies on other types of compensation arrangements, including:


  • Nonqualified deferred compensation plans, top-hat plans and executive-only plans
  • Stock option plans, restricted stock, stock appreciation rights and phantom stock plans
  • Negotiating employment agreements
  • Resolving benefit-related disputes

PRACTICE AREAS

Attorney at Law

Employee Benefits counselOr

David F. Crutcher