A significant portion of the practices at Trucker Huss are devoted to advising our clients on legal compliance issues related to qualified retirement plans. We work with clients of all types and sizes, from Fortune 50 companies, small businesses, professional firms and not for profit organizations to collectively-bargained plans, union-sponsored plans, and public (governmental) plans.
We advise clients on the full range of qualified retirement plans, including:
- Defined benefit pension plans
- Cash balance and other “hybrid” plans
- Code section 401(k) plans
- Profit sharing plans
- Money purchase pension plans
- Code section 403(b) plans
- Code section 457 plans
Our attorneys act as counsel to plan sponsors, administrators of employee benefits plans and the trust funds of multiemployer plans. We also handle specific legal or operational issues related to employee benefits plans. Our attorneys provide assistance to our clients regarding a wide range of activities, including:
- The design, implementation and termination of plans;
- Advising on administrative and compliance issues (e.g., calculation of lump sum benefits and annuities, age discrimination, QDROs, Code section 415 limits, compensation limits, and Social Security benefit adjustment options);
- Updating clients about legislative and regulatory changes;
- Assisting with participant claims, appeals and documents requests;
- Assisting with IRS, Department of Labor and PBGC plan audits; and
- Preparing submissions to IRS and DOL correction programs and negotiating correction methodologies and sanctions or penalties.
In addition, issues arising in one type of plan sponsored by a client may affect the client’s entire employee benefit program. Examples include the cross-over of qualified retirement plans and excess benefit retirement plans, and the duplication of disability benefits in a defined benefit plan and a long-term disability plan. Being familiar with all types of employee benefit plans, we are able to help our clients identify and resolve issues resulting from these situations.
If you'd like to know more
- Improper Delegation of Authority Could Cost a Plan its Deferential Standard of Review
GISUE MEHDI and MARY E. POWELL, December, 2018 The Employee Retirement Income Security Act (ERISA) gives participants and beneficiaries the right to have plan benefit denials reviewed in federal court. The court reviews a plan claims administrator’s benefit denial decision as “de novo” (looking at the facts anew and reaching its own decision, with no […]READ MORE
- 2019 Pension Plan Limitation Highlights
SHANNON OLIVER, December, 2018 On November 1, 2018, the Internal Revenue Service issued Notice 2018-83, containing the cost-of-living adjustments related to retirement plan limitations under the Internal Revenue Code (the “Code”). These changes will take effect on January 1, 2019. Below are some of the highlights. Limitations That Have Increased The limitation on the annual […]READ MORE
- IRS Issues Initial Code Section 83(i) Guidance – Mostly Good News
J. MARC FOSSE, December 10, 2018 The IRS has provided initial guidance in Notice 2018-97 (the “Notice”) about certain statutory requirements for private corporations granting options and restricted stock units (RSUs) which they intend to treat as qualified equity grants under section 83(i) of the Internal Revenue Code (the “Code”). If an option or RSU […]READ MORE