The firm's practice focuses on all aspects of employee benefits, particularly on providing legal advice with respect to the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 ("ERISA") to individuals and to small-and-medium-sized employers with respect to their employee benefit needs, including:
The firm provides advice on a wide range of employee benefit issues related to tax-qualified plans -- from the income tax aspects of qualified plans, to the ERISA aspects of qualified plans (including fiduciary duties, trustee duties, and prohibited transaction issues), to the design, implementation and compliance of 401(k) plans, Simple IRA plans, Simplified Employee Pension plans ("SEPs") and other tax-qualified plans, and to the tax aspects, design, and qualification of Section 125/cafeteria plans.
Retirement Plans in Divorce/QDROs
The firm focuses on all legal aspects related to the division of a plan participant's benefits in a divorce -- from the drafting of appropriate separation agreement language, to the review, submission, and acceptance by courts and plan administrators of an order dividing retirement plan assets, whether dividing a corporate retirement plan through the use of a QDRO, dividing a federal pension plan through a Court Order Acceptable for Processing ("COAP"), or dividing military, civil service, or railroad retirement plan assets through an appropriate order. In addition to serving as a resource for family lawyers regarding the division of retirement assets, the firm also focuses on providing legal advice to employers and plan administrators related to reviewing QDROs and implementing streamlined QDRO procedures.
IRAs and Roth IRAs
The firm also focuses on offering advice regarding IRAs and Roth IRAs to not only individuals but also to financial institutions who desire to provide lRAs and Roth lRAs to their customers by providing these financial institutions with advice on the design and implementation of Master IRA and Master Roth IRA plan documents.
The firm provides advice from both a legal and consulting perspective on a wide range of employee benefit issues related to welfare plans and arrangements -- from the design, implementation, and compliance aspects of Section 125/cafeteria plans (including DCAPs and FSAs) and other welfare arrangements, including HSAs, HDHPs, under the Internal Revenue Code and ERISA, to COBRA compliance issues regarding the rights owed by employers to terminated employees and their beneficiaries with respect to continuing health benefits.