- Prepared a comprehensive report on the steps a large public hospital might take to minimize the risks associated with its employee benefit plans and programs.
- Represented the individual fiduciaries of a Section 401(k) plan in connection with a Department of Labor investigation, ultimately convincing the DOL to close out the investigation for an additional contribution of only a few hundred dollars, rather than the over $2 million in “lost profits” initially demanded.
- Helped an employer that offered self-funded health coverage to its employees and retirees through a single plan to split that plan into separate active and retiree plans, thereby shielding the retiree plan from compliance with expensive ACA mandates.
- Assisted sponsors of defined benefit pension plans in the implementation of lump-sum payment windows, thereby reducing both PBGC premiums and the funding volatility often associated with such plans.
- Successfully obtained an IRS Compliance Statement on behalf of a client whose defined benefit pension plan had been erroneously calculating deferred vested benefits for a period of several years.
- Created a special type of deferred compensation arrangement for the General Manager of a public utility, allowing for fully vested deferrals in excess of the usual Section 457 limit.
- Drafted qualified supplemental executive retirement programs (or QSERP) as a way of allowing executives of public corporations to receive additional deferred compensation that is fully protected from the claims of creditors.
- Advised staffing companies on their obligations under the Affordable Care Act’s play-or-pay requirements, including special rules that might assist them in their competitive marketplace.
- Advised sponsors of self-funded health plans on the proper design of their employee wellness programs.
- Amended Section 403(b) plans to allow for post-severance employer contributions as an early retirement incentive.
- Advised employers on the permissible integration of a 401(k) plan with a nonqualified deferred compensation arrangement, particularly in view of the constraints imposed by Section 409A of the Tax Code.
- Advised sponsors of tax-qualified retirement plan on compliance with the Tax Code’s nondiscrimination and minimum-coverage requirements, including the special rules applicable to qualified separate lines of business (or QSLOB).
- Assisted employers in making submissions to the Department of Labor under the DOL’s Voluntary Fiduciary Correction Program.