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Employee Benefits General Counseling—Plan Design, Compliance, and Litigation

In today’s highly competitive business world, benefits and retirement plans are vital to recruiting and retaining skilled and loyal employees.  Complex and ever-changing legal requirements lead to constant compliance challenges and can create unknown exposures and unexpected additional costs.

K&A can assist you with the design of retirement and welfare benefit plans tailored to meet your needs and help achieve your business goals, help maintain the plans in compliance with regulatory standards, resolve compliance issues for ongoing and terminating plans, and provide experienced representation in regulatory proceedings.

We have extensive experience with single-employer, multiple-employer, and multiemployer plans from various perspectives, including:
— planning
— compliance
— governmental investigations, examinations, and audits.

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K&A can assist you with the entire range of employee benefits matters, including:

  • Plan design and best practices for pension, 401(k), health, welfare, severance, and deferred compensation plans, including plan documentation, implementation, and employee-friendly communications
  • Pension, 401(k), and deferred
    compensation compliance under ERISA and the Internal Revenue Code, including issue resolution under IRS, DOL, and PBGC voluntary compliance programs
  • Agency procedures, including formal examination (audit) and informal inquiries, other administrative proceedings, and litigation.
  • Plan governance, fiduciary conduct and other ERISA Title I issues, including plan transactions with parties-in-interest and prohibited transactions, alternative and private equity investments and managed accounts, delegations of responsibilities, and fiduciary monitoring

  • Strategic transaction (M&A) support, including benefits strategy, plan options, due diligence, compliance resolution, and pre- and post-closing transition activities
  • Health and welfare plan compliance issues, including those arising under COBRA, HIPAA, and ACA
  • Compliance issues arising under Section 409A, ADEA, OWBPA, ADA, and COVID-19 legislation 

  • Multiemployer plan issues, including withdrawal liability disputes, litigation under MPPAA, and disputes or collection actions relating to unpaid contributions
  • Multiple-employer plan issues, including those relating to plan spinoffs and mergers, withdrawal liability, and plan termination liability

  • Tax-exempt plan issues (Section 403(b) and Section 457 plans)
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