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.
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- The Saga Continues: An Update on University Plan Lawsuits with NYU’s Victory at Trial
ANGEL L. GARRETT and EMILY L. GARCIA, October, 2018 In January 2017, we informed you that fiduciaries of 12 university retirement plans had recently been hit with lawsuitsalleging defendants breached their fiduciary duties to their 403(b) retirement plans by offering what plaintiffs described as overly expensive, poorly performing funds, and/or by allowing their plans to […]READ MORE
- The Drought Is Over: Recent Legislation Affecting Retirement Plans
BENJAMIN F. SPATER and SUSAN QUINTANAR, May, 2018 New legislation provides several significant modifications affecting retirement plans, effectively eliminating the legislative drought experienced in recent years. Bipartisan Budget Act of 2018 (the “Act”) Hardship Withdrawals Effective for plan years beginning after December 31, 2018, the Act liberalizes the hardship withdrawals provisions for plans that include […]READ MORE