The ERISA and Employee Benefits Group, which is part of our Firm’s Tax Practice, has a wide range of experience in various employee benefit matters. As one of a select few law firms in New Jersey to offer ERISA services, our practice group members handle a variety of matters, from complex transactions involving regional, national and international matters, and addressing plan administration and operational issues, to maintaining an advisory role for individuals and entities involved in a variety of retirement and employee benefits items. Our team continues to evaluate the continuously evolving work environment in all facets pertaining to employment desirability, retention, and benefits to promote attractive and compliant assets.

Our practice group members routinely counsel clients and professional advisors in some of the following areas:

• ERISA compliance – retirement plans and employee benefits
• Defined contribution plan and defined benefit plan structuring and analysis
• Controlled group analyses
• ERISA issues in mergers, acquisitions and entity reorganizations
• Retirement plan corrections (EPCRS, VCP)
• Affordable Care Act compliance and analysis
• Group health insurance analysis
• Voluntary employee benefits issues
• Plan document review and amendment
• Retirement plan and employee benefits controversy matters
• Drafting and compliance on deferred compensation arrangements and equity-based incentive compensation plans (such as SERPs, 409A plans and “phantom” compensation arrangements)

The ERISA and Employee Benefits Practice Group provides legal and tax counsel to both for-profit and not-for-profit companies and organizations from small businesses and middle-market companies to larger firms and Fortune 500 corporations. We routinely work with CFOs, CEOs, human resource professionals, as well as trusted advisors in the areas of accounting, financial planning, third party plan administration, tax, and insurance matters. Our members counsel on recruiting and retaining top executives, as well as key executives and employees, by advising in all aspects of executive retention and compensation, ERISA compliance, and employee benefits, including such events as employment changes, personnel downsizing, or an organizational change of control.

Members of our practice group focus their efforts on advising both organizations and individual professionals in a wide range of industries, including financial services, marketing, advertising, health care, design, branding, publishing, fashion, engineering, real estate, and pharmaceutical, among others. We acknowledge that every industry needs their own unique, personalized plan and structure our work on individuality while considering federal and state compliance.

On a day-to-day basis, our practice group members advise on legal issues related to corporate restructuring and address income tax issues, regulatory compliance. Our members work with the Executive Compensation & Employment Strategies group to consider any further employment and other legal ramifications associated with all aspects of executive compensation to ensure our clients’ labor compliance. We advise on service commencement, employment-based incentive compensation, and renewal or amendment of an existing employment or consulting services agreements or contracts. In addition, our practice group members are highly skilled in negotiating and drafting separation and severance agreements, that raise a host of potential employment law, ERISA, and tax concerns.

The members of the ERISA and Employee Benefits Group believe that having a comprehensive familiarity with client’s goals and objectives starts with careful consideration of all aspects of the proposed arrangement. In that advisory role, our attorneys and members regularly:

• Structure and draft deferred compensation, equity-based compensation and incentive compensation arrangements, and update in-control agreements and bonus plans.
• Advise on ERISA and tax implications in all aspects of employment-based arrangements including employment agreements, severance agreements and plans, stock option plans, variable compensation arrangements and other forms of incentive compensation, and the tax elections that may be available to participating professionals.
• Tax qualified and non-qualified retirement and compensation arrangements.
• Employee benefit restructuring during a sale of business, merger or acquisition, and other business-related transactions, such as parachute payments, under Title 26 U.S. Code Section 280G.
• Counsel on health and welfare benefit plans for both company and privately insured employees including retirement group health plans, flex-spending benefits, and reimbursement for health-related costs. Our team advises per the guidelines and compliances under HIPAA, COBRA, and the Affordable Care Act.
• Counseling on nonqualified deferred compensation plans under Section 409A of the Internal Revenue Code.
• Counsel both organizations and executives in the structuring, negotiation, and implementation of employment and services agreements, severance arrangements and the mechanics and implementation of restrictive covenants.

Drawing upon our experience in representing both high-level executives and sponsoring organizations, the ERISA and Employee Benefits group, in conjunction with our Executive Compensation & Employment Strategies group, provide both technical and practical advice concerning such items as:

• Equity-based Incentive Compensation
• Restricted Equity
• Profits Interests
• Nonqualified and Incentive Stock Options
• Deferred Compensation
• Bonus Arrangements
• Phantom Stock and Stock Appreciation Rights
• Post-Termination Severance Benefits
• Separation Pay
• Group Health Insurance Continuation
• Bonus and Equity Plan Payouts
• Employee Stock Ownership Plans (ESOPs)

While implementing the appropriate employment, compensation, and benefits arrangements is key to protecting the interests of both the executive and the employer, we understand that maintaining these arrangements in compliance with all necessary laws and regulations benefits all parties. Accordingly, our members regularly counsel both individuals and plan sponsors on the employment related ERISA and tax aspects of defined benefit and defined contribution plans, deferred compensation arrangements, life and medical insurance programs, and welfare benefit plans. Our attorneys are experienced in providing critical guidance concerning such important tax matters such as post-termination retirement and incentive compensation rights, Internal Revenue Code Section 409A compliance for deferred compensation plans and Code Section 280G considerations for “parachute payments.”