Employee Benefit Plans

Employee Benefit PlansGableGotwals attorneys have extensive experience and special expertise on employee benefit plans and arrangements. This practice includes matters arising from the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code (Code), securities laws, state laws when applicable, and other areas of law that affect employee benefits.

Qualified Retirement Plans
Our attorneys provide services to and represent employers with respect to the adoption and administration of qualified defined benefit and defined contribution plans that provide tax deferred retirement benefits under section 401(a) of the Code. This includes profit sharing and 401(k) plans offering pre-tax salary deferrals. This practice area also includes ERISA planning and compliance for employers who adopt and amend employee benefit plans to provide that element of compensation to employees.

These attorneys represent employers before the Internal Revenue Service and Department of Labor with respect to plan qualification and compliance matters.

Our attorneys are well versed and provide advice to employers and employee benefit plan administrators on fiduciary responsibility.

They assist clients on planning of amendments and changes to existing plans and dealing with employee benefit plans in connection with mergers and acquisitions of corporations and other business entities.

Deferred and Incentive Compensation
The attorneys at GableGotwals have lengthy experience with respect to designing and administering non-qualified deferred compensation arrangements for highly compensated executives. This includes salary deferral plans and arrangements and supplemental executive retirement plans for providing benefits in excess of limits allowed under the Code for qualified retirement plans.

This practice includes helping employers advantageously deal with complex regulations issued under Code section 409A. This can help employers to provide competitive compensation arrangements to attract and retain top executive talent.

GableGotwals employee benefits attorneys also have extensive experience in assisting employers with stock options and other equity and incentive compensation plans for corporations to provide for key executive officers.

Cafeteria, Health and Welfare Plans
The employee benefit plan attorneys provide expert advice to employers on cafeteria plans and employee health and other welfare benefit plans. The requirements of the Code, ERISA, Affordable Care Act and other pertinent federal and state laws are all within the specialized knowledge and expertise held by these attorneys. This is regularly provided for a broad range of both simple and complex legal issues to enable employers to provide health, life insurance and other benefits for employees in the most effective way consistent with other business objectives.

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