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Employee Benefits & Executive Compensation

Practices Main

Potter Anderson’s attorneys practicing in the areas of Employee Benefits and Executive Compensation counsel employers and plan sponsors and other fiduciaries with respect to the Affordable Care Act, ERISA, and related tax and other statutes. We assist employers in all aspects of employee benefit plan design, implementation, administration and compliance, including:

  • Assisting in the design of employee health and welfare plans, including cafeteria, flexible spending, health reimbursement and health savings accounts, as well as severance and other employee welfare benefit plans. 
  • Assisting in the design of pension, profit sharing, 401(k), 403(b) and other qualified retirement 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, managed care providers, and business associates.
  • 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 Department of the Treasury’s Employee Plans Compliance Resolution Program and the Department of Labor’s Voluntary Fiduciary Correction Program. 
  • Designing compensation programs to recruit and retain key executives and other employees, including advice regarding bonus arrangements, incentive plans and nonqualified deferred compensation plans.
  • Defending suits involving employee benefit plans, ERISA, and other federal and state laws affecting employee benefit plans.

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