McGrath North takes a practical and solutions-oriented approach to ERISA and employee benefits problems. We have substantial and long-term experience in pension, 401(k) and welfare benefits plans and executive compensation. Our experience includes the full spectrum of employee benefits, design, problem solving, compliance and litigation from one-person professional practices and closely-held organizations to publicly traded, international corporations.

Pension, Profit Sharing and 401(k) Plans   McGrath North advises employers on the tax and corporate considerations of implementing pension, profit sharing and 401(k) plans. Our experienced attorneys provide legal services for the drafting, compliance, conflict resolution, and strategic planning advice and assistance in connection with qualified retirement plans.

Employee Stock Ownership Plans (ESOPs)   The firm designs and drafts employee stock ownership plans and counsels clients regarding the employer and employee tax benefits involved with the use of ESOPs. We provide continued legal advice regarding compliance, conflict resolution, and strategic planning advice and assistance in connection with ESOPs.

ERISA Planning and Compliance   Our attorneys have extensive experience with benefit claims and eligibility determinations, plan reporting, disclosure, and notice requirements, preemption of state law claims, fiduciary duties related to self-dealing, conflict of interest, and prohibited transactions, and other aspects of plan administration pursuant to the Employee Retirement Income Security Act.

Health and Welfare Plans   McGrath North designs and drafts health plans, cafeteria plans, flexible spending arrangements, and severance pay plans. We advise on plan administration, avoiding or complying with state regulation, retiree medical benefits, COBRA compliance and forms, employer deduction limitations, IRS nondiscrimination rules, Medicare Secondary Payor rules, and issues related to the Family Medical Leave Act (FMLA) and the Health Insurance Portability and Accountability Act (HIPAA).

Executive Compensation   Our attorneys advise employers regarding deferred compensation, stock based compensation (such as stock options, stock purchase plans, and stock appreciation rights), special rules for tax-exempt employers, supplemental executive retirement plans, corporate owned life insurance, split-dollar insurance arrangements, rabbi trusts, and golden parachute arrangements and other change of control packages.

Non-Qualified Deferred Compensation  McGrath North provides employers with planning advice from a corporate and tax law standpoint in connection with both funded and unfunded deferred compensation plans. Our attorneys have experience in explaining and helping employers execute nonqualified plans.

Representative Projects

• Successfully defended pension plans, employers and welfare plans in ERISA litigation, including class action litigation.
• Drafted, implemented and counseled on over 50 defined benefit pension plans, over 100 profit sharing and 401(k) plans and over 100 welfare plans.
• Assisted in the termination and freezing of defined benefit plans and defined contribution plans.
• Prepared summary plan descriptions and other employee communications for 100's of plans.
• Represented clients in both IRS and Department of Labor examinations to successful resolutions.
• Performed and implemented fiduciary governance studies to minimize potential fiduciary liability.
• Review and make changes to nonqualified deferred compensation arrangements for Code § 409A compliance for Fortune 500 companies, closely-held companies, governments and charitable organizations.
• Designed, drafted and implemented stock options, restricted stock and restricted stock unit plans for both publicly traded and privately held companies.