Employment Benefits – ERISA
Mack & Associates, PLLC, is dedicated to counseling and assisting its clients with employee benefits issues. The wide range of matters handled by our firm includes:
- Guiding clients on design, drafting, implementation and restructuring of their employee benefit health and pension plans and procedures, including QDRO and QMCSCO procedures and amendments necessary to comply with federal statutes.
- Ensuring compliance with ERISA, COBRA, HIPAA, USERRA and other benefit-related laws.
- Reviewing and revising all necessary plan documents and government filings.
- Counseling clients on day-to-day operations issues such as employer contributions, payroll audits and employee benefits administration matters.
- Assisting and representing clients with Department of Labor and IRS audits, investigations and self-correction programs.
- Advising plan fiduciaries of their duties, responsibilities and liabilities.
- Negotiating and reviewing provider, consultant, investment manager, custodian, third party administrator and other contracts.
- Providing advice on enrollment, eligibility and benefit claims.
- Representing clients, including plan sponsors, employers and multiemployer Taft-Hartley union plans in disputes, arbitrations, negotiations and litigation in withdrawal liability, payroll audit, delinquent contribution and similar matters.
- Assisting plan sponsors, trustees and employers in understanding their fiduciary responsibilities to:
- understand the terms of their plans;
- select and monitor service providers;
- make timely contributions to their benefit plans; and
- avoid “prohibited transactions.”
Mack & Associates, PLLC, offers a plan review/governance program which focuses on the key areas where employers, especially those with limited resources, often have problems with the following requirements:
- Preparing and maintaining up to date plan documents, policies and procedures.
- Determining who is the plan “administrator.”
- Ensuring that plan operations are “consistent” with plan documents.
- Determining when the employer or corporate officer is or is not acting as a fiduciary.
- Appropriately monitoring fiduciaries and service providers.
- Managing risk of fiduciary liability with D&O and/or fiduciary liability insurance.