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Overview
- Retirement plan review and compliance issues
- Executive compensation planning, implementation, and Code Section 409A compliance
- Employee benefits issues in liquidations, bankruptcy, mergers, & acquisitions
- Affordable Care Act compliance/Obamacare issues
- Tax- Exempt entity retirement plans
- Employee Retirement Income Security Act (ERISA) fiduciary/compliance/prohibited transaction issues
- Governmental and municipality retirement plans and related compliance issues
- Qualified retirement plan audits by the Internal Revenue Service & the U.S. Department of Labor & the PBGC
- Correction of plan errors using IRS and DOL plan correction program filing procedures, including self-corrections
- Determination letter filings with IRS (Forms 5300, 5307, and 5310)
- Design and implementation of welfare benefit plans, cafeteria plans, HSAs, HRAs, and flexible spending accounts
- Non-qualified plans and Internal Revenue Code Sections 409A, 457(b), and 457(f) compliance
- Defined benefit plan termination submissions to the PBGC
- Issues related to collectively bargained and Taft-Hartley multi-employer plan withdrawal liability
- Taxation of retirement plan/IRA distribution issues and coordination with trust provisions
- Health, disability, life insurance claims and compliance
- Annual report (Form 5500 Return) preparation and review
- Employee stock ownership plans (ESOPs) compliance
- Design and implementation of early retirement programs
- ERISA litigation
- Employment and severance agreement review and compliance
The Employee Benefits Group assists clients in achieving their business goals in a manner consistent with the ever-changing requirements of such federal agencies as the IRS, DOL, and PBGC.
Dilworth’s Employee Benefits Group lawyers continuously monitor both labor and federal tax laws in order to provide clients with effective and economical counsel in addressing these challenging areas of law. The Employee Benefits Group collaborates with other Dilworth attorneys on a variety of issues relevant to clients. The Employee Benefits Group regularly works with lawyers in the Firm’s Tax Group, Business Department, Litigation Department, and Labor & Employment Group.
ERISA and Other Employee Benefits Litigation
Dilworth Paxson has substantial experience representing plans, employers, and third-party administrators in ERISA and benefits-related claims. This litigation has involved benefit denials, fiduciary responsibility, prohibited transactions, preemption of state law, breach of contract, promissory estoppel, and unfair insurance practices.
Representative Matters
- Negotiating multiemployer pension plan withdrawal liability assessments.
- Addressing IRS tax and fringe benefit audit issues for a large governmental authority.
- Settling significant retirement plan audit issues with the IRS with regard to a cross-tested retirement plan.
- Negotiating with the DOL and settling various retirement plan fiduciary issues, especially with respect to payment of reasonable fees.
- Advising HR department clients on the regulations on 401(k) fee disclosures and compliance with the Affordable Care Act (Obamacare).
- Obtaining a favorable determination letter for a large governmental pension plan.
- Preparing and filing IRS and DOL plan correction submissions and late reporting.
- Design and implementation of early retirement programs.
- ERISA litigation.
- Negotiation ACA ESRP assessment settlements with the IRS and abatement of very substantial penalties and interest.
Representative Matters
- Negotiating multiemployer pension plan withdrawal liability assessments.
- Addressing IRS tax and fringe benefit audit issues for a large governmental authority.
- Settling significant retirement plan audit issues with the IRS with regard to a cross-tested retirement plan.
- Negotiating with the DOL and settling various retirement plan fiduciary issues, especially with respect to payment of reasonable fees.
- Advising HR department clients on the regulations on 401(k) fee disclosures and compliance with the Affordable Care Act (Obamacare).
- Obtaining a favorable determination letter for a large governmental pension plan.
- Preparing and filing IRS and DOL plan correction submissions and late reporting.
- Design and implementation of early retirement programs.
- ERISA litigation.
- Negotiation ACA ESRP assessment settlements with the IRS and abatement of very substantial penalties and interest.
Insights
- Dilworth Partner Inducted into American College of Employee Benefits Counsel
- Important Updates to the IRS Employee Benefit Plans Correction Programs
- 21 Dilworth Attorneys Selected as PA & NJ Super Lawyers
- Issues for Employers to Consider Regarding Their Sponsored Retirement Plans During the COVID-19 Pandemic
- New Jersey Clarifies Illegality of Hairstyle and Hair Type Discrimination
- Join Dilworth Paxson & Citrin Cooperman for a Seminar on December 12: “Business Planning & Tax Reform Changes – Understanding The Impact to You & Your Business”
- Dilworth Paxson’s Matthew Whitehorn and Stephanie Searles Vogel to Present Penjerdel Employee Benefits and Compensation Association’s “2018 Retirement Boot Camp” on May 17
- Association Health Plan (AHP) Update
- New Mortality Table For Defined Benefit Plans
- Dilworth Paxson’s Matthew Whitehorn and Stephanie Searles to Present Penjerdel Employee Benefits and Compensation Association’s “Retirement Plans Boot Camp 2017” on June 8
- Dilworth’s Matthew I. Whitehorn To Receive Award For Public Service From Villanova Law School Alumni Association
- Dilworth’s Matthew Whitehorn Appointed Chair of Internal Revenue Service’s Advisory Committee
- Dilworth Attorneys Named 2016 Pennsylvania Super Lawyers And Rising Stars
- ERISA Plan Fiduciaries Must Aggressively Pursue Subrogation Rights or Potentially Lose Out
- Important: Philadelphia Sick Leave Law Starts May 13
- Under Cromnibus, Multiemployer Pension Plans Can Cut Benefits and Other Key Recent Pension Law Changes
- Are You in Compliance with the Affordable Care Act?
- Retirement Plan Amendments May Be Required To Reflect Supreme Court’s Holding in Windsor Regarding Same-Sex Marriages
- ACA Update: Why Your Company Should Be Tracking Employees’ Hours Now
- Supreme Court Requires FICA Withholding for Certain Severance Payments in Quality Stores Ruling
- Webinar: Patient Protection & Affordable Care Act: Employer Considerations and Responsibilities
- ERISA Update
