Pension and welfare benefits and executive compensation programs are increasingly important in recruiting and retaining essential talent. At Fox Rothschild, we have experience in designing and implementing employee retirement, benefit and compensation programs that serve the needs of publicly and privately held employers and their employees. To formulate comprehensive solutions and strategies, our multidisciplinary team draws on decades of experience in employee benefits as well as the resources of attorneys throughout the firm who focus on estate planning, labor and employment, litigation, securities, individual and corporate taxation and corporate law.
Qualified Retirement Plans
We assist clients with the design, documentation, implementation, and administration of all types of defined benefit, defined contribution and hybrid plans, including multiemployer and governmental plans. Our attorneys guide clients through the complexities of governmental audits and investigations, employer aggregation issues, fiduciary responsibilities, and the tax and ERISA implications of investments. We counsel clients on all aspects of plan operation, compliance, corrections and disclosure.
We counsel employers on the design and administration of deferred compensation and equity-based compensation arrangements, including supplemental executive retirement plans, excess benefit plans, restricted stock unit arrangements, and phantom equity plans and assist in structuring those arrangements to comply with ERISA, Code Section 409A and, for our tax-exempt clients, Code Section 457. We advise regarding incentive compensation, severance and change in control arrangements, assisting both employers and executives navigate the restrictions of Code Sections 162(m) and 280G.
Health & Welfare Plans
Our attorneys help employers design and administer group health plans, other welfare benefit plans and fringe benefit programs for employees and retirees. We review and negotiate vendor agreements, draft employee communications and plan documentation, and assist clients in complying with applicable laws, including the Patient Protection and Affordable Care Act, COBRA and HIPAA.
Mergers & Acquisitions
We appreciate the unique nature of each transaction and the importance of providing practical advice to achieve our clients’ objectives. We draft and negotiate benefits-related provisions in both transactional documents and agreements with employees. We manage due diligence and advise our clients about transition issues, including integrating new groups of employees into employee benefit programs.
Employee Stock Ownership Plan (ESOP) Transactions
Our interdisciplinary ESOP team is highly skilled in all aspects of ESOP transactions for both public and private companies, providing guidance to plan sponsors, boards of directors, selling shareholders, private equity funds, lenders, trustees, ERISA fiduciaries, and management groups. We also counsel on ownership succession transactions, fiduciary insurance coverage and recovery, and government audits and investigations.
Multiemployer Benefit Plans
We advise Taft-Hartley pension and welfare plans, individual trustees, and contributing employers with respect to multiemployer plan administration and funding, fiduciary compliance, plan investments, governmental audits and investigations, plan spin offs and consolidations, and withdrawal liability issues.