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Employee Benefits

Overview

Bingham Greenebaum Doll LLP's employee benefits attorney help our clients design, implement and maintain effective employee benefit plans.  We advise employers and service providers on legislative, regulatory, fiduciary, tax and litigation matters relating to employee benefits.  Our attorneys work closely with each client to achieve the client’s objectives within the constraints of complicated legal requirements. We strive to help employers and service providers minimize costs, streamline administration and meet stringent Internal Revenue Service and Department of Labor standards. We routinely serve the needs of a range of clients in a variety of industries, including middle-market businesses; privately-held companies; and non-profits and tax exempt organizations. We understand that the needs of each client are different, and we work with each client to deliver value and meet the client’s business goals.

We recognize the value of coordinated effort and work closely with an employer's staff and other advisors - including accountants, actuaries and consultants. We communicate in a straightforward manner and seek to simplify the application of complex employee benefits law. Our attorneys pride themselves on keeping up with ever-changing legal requirements affecting employee benefits and regularly address employers and professional groups on developments in the field.  Our attorneys also hold leadership positions in prominent employee benefits organizations.  

Our clients include companies with thousands of employees to just a few dozen workers. We have assisted clients in industries including manufacturing, health care, publishing, engineering and more. We also work with plans sponsored by U.S. employers owned by foreign concerns, namely in Japan.

Our attorneys provide experienced counsel on the following matters:

  • The establishment, administration and termination of tax-qualified retirement plans, including pension, profit-sharing and 401(k) plans and ESOPs.
  • The preparation of plan employee communications, as well as obtaining determination letters on tax-qualified retirement plans from the IRS.
  • The design and administration of medical, disability and other welfare benefit plans, including compliance with COBRA and portability of coverage and privacy provisions of HIPAA.
  • Advising on compliance of employee wellness programs with the Affordable Care Act, HIPAA, GINA and the Americans with Disabilities Act.
  • The establishment and administration of cafeteria plans.
  • Benefit arrangements for tax exempt and church-related organizations.
  • Fiduciary responsibility in the administration of employee benefit plans, including plan fees and expenses, the disposition of dividends and demutualization proceeds derived from group insurance contracts, and the investment of assets used to fund employee benefits.
  • The establishment of educational reimbursement plans to enable employers and employees to save taxes on educational benefits.
  • Resolving operational or other problems through IRS and Department of Labor compliance programs.
  • The consequences of retirement plan distributions and the division of retirement benefits in divorce through qualified domestic relations orders.
  • Employee benefit issues arising in mergers and acquisitions.
  • Negotiating trust, recordkeeping and administrative services agreements.
  • The establishment and administration of executive compensation and benefit arrangements.
  • Withdrawal from multi-employer pension plans.

Our attorneys also defend client organizations in litigation involving ERISA and represent clients in:

  • Obtaining private letter rulings from the IRS and advisory opinions from the Department of Labor.
  • Responding to employee benefit plan examinations, inquiries and enforcement proceedings by the IRS, the Department of Labor and the Pension Benefit Guaranty Corporation.

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