Employee Benefits and ERISA


“Our clients come to us for thorough and straightforward answers to complex employee benefits issues.” 

In the absence of proper legal counsel, employers can sometimes feel overwhelmed by the dizzying array of time-consuming rules and regulations that govern the development, administration and termination of their employee benefit programs. Failure to provide the necessary oversight of these programs can lead to benefits-related liability issues that can further strain a company’s finances and human resources. At McGrath North, we assist our clients in designing, reviewing and operating a wide variety of employee benefit programs and plans. Our practical, solutions-oriented approach creates a strategic framework in which an employer’s benefits program is aligned with the company’s overall business objectives and goals. When liability issues arise, our litigators are experienced in defending employers in claims over compensation, benefits, fiduciary compliance violations and related issues.

We have a wide range of expertise and are able to advise our clients on federal, state and international benefit matters as well as ERISA and tax law matters.  We are able to assist our clients with drafting plan documents and amendments and assisting with daily administrative matters and fiduciary compliance.

Industry Experience:  Department of Labor and Internal Revenue Service Audits and voluntary correction procedures, governmental and tax-exempt employer plans, executive and deferred compensation arrangements, corporate restructurings, acquisitions, welfare and fringe benefit programs, health care reform compliance, HIPAA,  qualified retirement plans, continuation coverage (COBRA) rules, reporting and disclosure obligations to the Department of Labor and the Internal Revenue Service, retirement and welfare plan nondiscrimination requirements, fiduciary compliance, investment committee administration, qualified domestic relations orders (QDROs), qualified medical child support order (QMCSOs), payroll tax compliance, international benefit arrangements, plan administration, plan documentation, annual plan reporting.

Representative Matters:

  • Successfully defended pension plans, employers and welfare plans in ERISA litigation, including class action litigation.
  • Represented clients in both IRS and Department of Labor examinations to successful resolutions.
  • Performed and implemented fiduciary governance studies to minimize potential fiduciary liability.
  • Conducted health care reform compliance audit of clients’ health and welfare plans to minimize audit liability.
  • Successfully completed 401(k) plan correction filings with the IRS and DOL relating to delinquent employee contributions.
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