Employee Benefits Law
The Employee Benefits Group at Barrett McNagny works closely with clients in all aspects of employee benefits law. Our members assist in designing and planning all types of employee benefit plans and programs and advise clients regarding compliance with the requirements of the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code (Code), and other applicable statutes for qualified and non-qualified retirement, health, disability, cafeteria, and educational assistance plans.
Attorneys in the Employee Benefits Group bring an extraordinary amount of experience to the practice. Our clients range from small local businesses to large multi-national corporations. We provide each client with the same high quality, responsive, and cost-effective service.
Tax Qualified Plans
We assist clients in developing, implementing, and maintaining tax-qualified and tax-favored retirement plans, including profit-sharing, pension, 401(k), employee stock ownership, 403(b), and 457 plans. A key aspect of our practice is devoted to advising clients on compliance with applicable provisions of the Code, ERISA, and other applicable statutes.
We assist clients in developing, implementing, and maintaining a wide variety of executive compensation arrangements, including non-qualified retirement plans and equity-based compensation. We provide tax advice regarding the consequences of executive compensation arrangements for both taxable and non-taxable employers and their employees.
Health and Welfare Plans
We design and prepare health, life, disability, severance, and other employee benefit plan documents, summary plan descriptions, and other notices required by ERISA. Additionally, we advise clients as to the maintenance, funding, and modification of retiree medical benefits. We also counsel clients concerning all aspects of self-funded plans including discrimination issues relating to employee benefits. Our firm handles key benefits issues arising under all applicable federal statutes, including COBRA, HIPAA, the Mental Health Parity Act, the Women's Cancer Rights Act, the Newborn Mother's Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other civil rights and benefits legislation. Regularly, our members draft health, retirement, and cafeteria plans for employers, third-party administrators, insurers, and reinsurers.
We represent clients in disputes among employers, participants, unions, third-party administrators, insurance and reinsurance companies, and governmental agencies over health, welfare, and retirement benefits issues and litigation, including claim appeals, trials, alternative dispute resolution, and mediation. We represent our clients in benefit claim litigation, benefit discrimination litigation, fiduciary litigation, and subrogation litigation. We have successfully defended various health plan coverage lawsuits representing various employers, insurers, reinsurers, and third-party administrators in 16 states and six federal appellate circuits.
We are regularly involved with the employee-benefits aspects of corporate mergers, acquisitions, dispositions, leveraged buyouts, recapitalizations, and similar transactions. We have extensive experience analyzing the employee benefits plans of parties to the transaction, advising buyers and lenders as to funding and other potential problems, and dealing with retiree medical issues, health insurance continuation rights, and severance benefit issues that may be present.