Employee Benefits and Plans
Fried Frank's Executive Compensation & ERISA Department assists companies in designing, drafting and implementing broad-based employee benefit plans, covering, among others:
- 401(k) plans
- Cafeteria plans
- Cash-balance plans
- Defined-benefit plans
- Dependent-care assistance plans
- Employee stock ownership plans
- Employee stock purchase plans
- Fringe benefits
- Group health and life insurance
- Profit-sharing plans
- Retiree benefit plans
- Stock bonus plans
In addition to assisting a company in designing plans and drafting plan and trust documents, our practice also offers the following services:
- We represent clients before regulatory agencies, including the IRS, the Department of Labor and the Pension Benefit Guaranty Corporation (PBGC).
- We counsel on matters relating to plan administration and compliance matters, the fiduciary implications of proposed plan investments, the alternatives available to plan sponsors in business combinations, divestitures and bankruptcies and the related duties of plan fiduciaries.
- We prepare, review and negotiate investment management agreements and agreements with other plan service providers.
- We represent clients in matters involving continued tax qualification of their benefit plans through the IRS's determination letter procedures and its Employee Plans Compliance Resolution System.
- We assist clients in structuring early retirement and other exit incentive programs, as well as on the human resource issues that arise in plant closings and other corporate downsizings. We provide advice on state and federal laws, such as the Age Discrimination in Employment Act (ADEA) and the Workers Adjustment and Retraining Notification Act (WARN).
- We represent clients in obtaining retirement plan funding waivers, advisory opinions and prohibited transaction exemptions from governmental regulatory agencies.
- We consult with clients on a variety of other employment and human resource issues, including compliance with the Family Medical Leave Act, COBRA and Americans with Disabilities Act.