Employee Benefits/ERISA

Employee Benefits Package
QSEHRA Plan Document Package Now Available. Contact Gary J. Gunnett at 412-288-2210 or ggunnett@hh-law.com for more information, or LEARN MORE>>
No area of the law is more dynamic than employee benefits plans. Frequent regulations issued by the Internal Revenue Service and the Department of Labor present constant challenges to employers and their legal counsel. Our attorneys routinely advise businesses of varying sizes with regard to compliance with ERISA and the Internal Revenue Code. Our work with employee benefits plans includes:

Qualified Plans
Houston Harbaugh provides legal counsel with regard to various types of qualified retirement plans, including 401(k) and profit sharing plans, defined benefit pension plans (including cash balance plans), and employee stock ownership plans (ESOPs). We maintain plan documents for approximately 350 clients and advise these clients when law and regulation changes require plan amendments. Our experience includes plans maintained pursuant to collective bargaining agreements as well as plans maintained for non-union employees. We work closely with our clients’ actuaries, accountants, investment advisors and third-party plan administrators to assist our clients in making sure that their benefit plans satisfy all legal requirements and meet their goals in terms of employee retention, recruiting, etc. Our work encompasses all phases in the life cycle of a qualified plan, including plan design and implementation, plan maintenance, and plan termination. As part of our services, we regularly represent clients in front of the IRS, DOL and PBGC, in the context of government audits, determination letter applications, and correction of qualified plan errors under the IRS’ Employee Plans Compliance Resolution System (EPCRS).

Nonqualified Plans
We frequently assists clients with the design and documentation of nonqualified deferred compensation arrangements for executives and other key employees. Thorough knowledge in this area is critical due to Section 409A of the Internal Revenue Code, which imposes significant tax penalties for plans that do not comply with complicated requirements set forth in 400 pages of IRS regulations. We also advise clients with regard to equity-based compensation arrangements, including stock options, stock appreciation rights, and phantom stock plans.

Welfare Benefit Plans
We also provide counsel with regard to all types of welfare benefit plans, including group health plans (insured and self-funded), dental and vision plans, cafeteria plans, life insurance plans, and disability plans (short-term and long-term). A major aspect of this work is compliance with the requirements imposed by the Affordable Care Act, COBRA, HIPAA, and other laws which require specific employee notices.

Mergers and Acquisitions
Decisions regarding benefit plans are a key factor in any corporate transaction. We assist clients with the benefit plan due diligence involved in mergers and acquisitions, and provide advice with regard to employee transitions. This includes analysis of benefit plan options, including particularly plan terminations, mergers and spin-offs, and redesign of plans as appropriate for expanding or shrinking workforces.

QSEHRA Plan Document Package Now Available. Contact Gary J. Gunnett at 412-288-2210 or ggunnett@hh-law.com for more information, or <span style=”color: #ffffff;” data-mce-style=”color: #ffffff;”><a style=”color: #ffffff;” href=”https://www.hh-law.com/qsehra-plan-document/” data-mce-href=”https://www.hh-law.com/qsehra-plan-document/” data-mce-style=”color: #ffffff;”>LEARN MORE>></a></span>

No area of the law is more dynamic than employee benefits plans. Frequent regulations issued by the Internal Revenue Service and the Department of Labor present constant challenges to employers and their legal counsel. Our attorneys routinely advise businesses of varying sizes with regard to compliance with ERISA and the Internal Revenue Code. Our work with employee benefits plans includes:<span style=”color: #af2626;” data-mce-style=”color: #af2626;”><strong>Qualified Plans</strong></span><br />
Houston Harbaugh provides legal counsel with regard to various types of qualified retirement plans, including 401(k) and profit sharing plans, defined benefit pension plans (including cash balance plans), and employee stock ownership plans (ESOPs). We maintain plan documents for approximately 350 clients and advise these clients when law and regulation changes require plan amendments. Our experience includes plans maintained pursuant to collective bargaining agreements as well as plans maintained for non-union employees. We work closely with our clients’ actuaries, accountants, investment advisors and third-party plan administrators to assist our clients in making sure that their benefit plans satisfy all legal requirements and meet their goals in terms of employee retention, recruiting, etc. Our work encompasses all phases in the life cycle of a qualified plan, including plan design and implementation, plan maintenance, and plan termination. As part of our services, we regularly represent clients in front of the IRS, DOL and PBGC, in the context of government audits, determination letter applications, and correction of qualified plan errors under the IRS’ Employee Plans Compliance Resolution System (EPCRS).<span style=”color: #af2626;” data-mce-style=”color: #af2626;”><strong>Nonqualified Plans</strong></span><br />
We frequently assists clients with the design and documentation of nonqualified deferred compensation arrangements for executives and other key employees. Thorough knowledge in this area is critical due to Section 409A of the Internal Revenue Code, which imposes significant tax penalties for plans that do not comply with complicated requirements set forth in 400 pages of IRS regulations. We also advise clients with regard to equity-based compensation arrangements, including stock options, stock appreciation rights, and phantom stock plans.<span style=”color: #af2626;” data-mce-style=”color: #af2626;”><strong>Welfare Benefit Plans</strong></span><br />
We also provide counsel with regard to all types of welfare benefit plans, including group health plans (insured and self-funded), dental and vision plans, cafeteria plans, life insurance plans, and disability plans (short-term and long-term). A major aspect of this work is compliance with the requirements imposed by the <a href=”https://www.hh-law.com/practice-areas-industries/affordable-care-act/” data-mce-href=”https://www.hh-law.com/practice-areas-industries/affordable-care-act/”>Affordable Care Act,</a> COBRA, <a href=”https://www.hh-law.com/category/hipaa/” data-mce-href=”https://www.hh-law.com/category/hipaa/”>HIPAA</a>, and other laws which require specific employee notices.<span style=”color: #af2626;” data-mce-style=”color: #af2626;”><strong>Mergers and Acquisitions</strong></span><br />
Decisions regarding benefit plans are a key factor in any corporate transaction. We assist clients with the benefit plan due diligence involved in mergers and acquisitions, and provide advice with regard to employee transitions. This includes analysis of benefit plan options, including particularly plan terminations, mergers and spin-offs, and redesign of plans as appropriate for expanding or shrinking workforces.