Employee Benefits and Executive Compensation

The employee benefits and executive compensation lawyers at Potter Anderson & Corroon counsel employers and other employee plan fiduciaries with respect to ERISA and related tax statutes.  We assist employers in all aspects of employee benefit plan design, implementation, administration and compliance, including:

  • assisting in the design of pension, profit sharing, 401(k) and other qualified retirement plans, as well as flexible benefit, severance and other employee welfare benefit plans.
  • drafting and reviewing plan documents to implement new programs and to keep existing arrangements in compliance with changes in laws and regulations.
  • reviewing contracts with service providers, including trustees, investment advisers, record keepers, insurance companies and managed care providers.
  • counseling concerning fiduciary duties under ERISA and compliance with COBRA.
  • reviewing, preparing and/or filing applications for determination as to the tax-qualified status of plans and assisting in the preparation of other IRS filings.
  • providing advice as to the employee plan implications of mergers and acquisitions and assisting clients with the administrative and compliance issues that arise following such corporate changes.
  • advising clients as to the various compliance resolution programs, including the Voluntary Compliance Resolution Program, Administrative Policy Regarding Self-Correction, and Walk-in CAP. 

Our attorneys also work with clients to design compensation programs to recruit and retain key executives and other managerial employees.  We provide advice regarding nonqualified deferred compensation plans, severance arrangements, stock options, bonus and other executive incentive compensation plans.

Attorneys from the Employee Benefits practice work with attorneys in the firm's Employment Litigation group to defend suits involving employee benefit plans, ERISA, and other federal and state laws affecting employee benefit plans.