Qualified Retirement Plans
We have counseled the sponsors of qualified pension and profit-sharing plans, ranging from sole proprietorships to the largest employers in the U.S. We assist on all aspects of qualified plans, including plan design; drafting and communication; obtaining IRS approval and making necessary regulatory filings; advising on applicable fiduciary duty and prohibited transaction rules; securing related IRS private letter rulings and DOL opinions or exemptions; and resolving IRS, DOL and participant controversies.
Examples of our recent projects addressing special problems raised in connection with qualified plans include the following:
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Self-audit compliance review and successful resolution of qualification issues for a number of substantial employers' plans under IRS voluntary compliance programs.
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Leveraged and unleveraged employee stock ownership plans (ESOPs), including structuring deduction arrangements for dividends on ESOP stock; target benefit plans; "cash balance" plans; and other less traditional programs adopted in response to changing needs.
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Design, implementation, and IRS approval of Section 401(h) account funding of post-retirement medical benefits in an ESOP, leveraged with a $1,000,000,000 public borrowing.
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Various IRC §404A "foreign plan" issues, including development of and requesting ruling on German funded contractual trust arrangements.
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Rationalization and restatement of over 25 plans of subsidiaries acquired by the parent company over a period of years.
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Comprehensive analysis of the application of ERISA and subsequent tax law changes to pre-ERISA "frozen" plans.
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Plan mergers, spin-offs and terminations, both related and unrelated to corporate transactions, including resolution of asset transfer disputes.
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Implementation of investment choice structures for Section 401(k) plan participants in mutual funds, managed funds, annuity contracts, employer stock and ADR's of a foreign parent of the employer.
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Tax-favored retirement arrangements for tax-exempt and governmental employers, including obtaining favorable rulings and determination letters in 2001 on an innovative multi-billion dollar optional state retirement program.
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We regularly advise governmental employers with respect to their retirement plans, including "pick-up" plans. We advise both employers and insurance companies with respect to Section 403(b) tax-sheltered annuity plans, and therefore bring special insights to those arrangements. We have also assisted in the design and implementation of Section 457 deferred compensation plans for a variety of employers, and have secured favorable IRS rulings on over 100 such plans.
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