Employee Benefit Plans / ERISA
DJP’s Employee Benefits and Executive Compensation team has more than 70 years of combined experience using tax-advantaged ERISA and non-ERISA benefit plans to align client employers’ interests with the strategic objectives of their enterprise.
Our attorneys work with local, regional and national employers to design, draft and defend qualified and non-qualified retirement benefit, executive compensation and welfare benefit plans. Our team provides advice to plan fiduciaries regarding compliance with ERISA and the Tax Code, and defend plans and their fiduciaries against IRS examinations and Department of Labor investigations.
Our team also assists plan sponsors on all welfare benefit matters including unfunded, insured and fully funded arrangements (VEBAS). This includes advising on all HIPAA, ACA and MSP (Medicare Secondary Payer) and COBRA compliance issues.
Whether the right fit for a client business is a defined benefit plan, a hybrid or cash balance plan, an employee stock ownership plan, a simple 401(k) profit sharing plan, a complex deferred compensation plan or a VEBA, our attorneys have the experience and tools to help design a retirement or welfare benefit program that will attract, retain and incentivize excellent employees and executives.
- Employee Stock Ownership Plans (ESOP)
- 401(k) Plans
- Profit Sharing Plans
- 409A Nonqualified Deferred Compensation Plan
- 457(b) and 457(f) plans
- Executive Compensation
- Stock Appreciation Plans
- Restricted Stock Unit Plans
- Phantom Stock Plans
- Stock Purchase Plans
- Severance Plans
- Stock Options (qualified (ISO) and non-qualified)
- Voluntary Employees Beneficiary Associations (VEBAS) – welfare benefit plans and trusts
- COBRA, HIPAA, ACA and MSP compliance
- Applications under EPCRS, VCP, DFVCP and VFCP (IRS and DOL correction programs)
- Obtain exemptions for or defend prohibited transactions
- Pension Plans
- Defined Benefit Plans
- Draft plan documents and summary plan descriptions
- Defend against claims seeking benefits or breach of fiduciary duty claims
- Negotiate and draft service agreements with service providers
- Provide advice regarding Welfare Benefit plans (health, life, disability, etc.) and proper claims procedures
- Health Reimbursement Accounts (HRA’s), Health Savings Accounts (HSA’s)
- Cafeteria plans, Flexible Spending Accounts (FSA’s) and Dependent Care Accounts (DCAP’s)
- Fringe Benefits
With more than 90 attorneys, Durham Jones & Pinegar is a leading law firm in Utah offering a spectrum of services in various practice areas. These include Business & Finance, Commercial Litigation, Intellectual Property, Estate Planning, Real Estate, Bankruptcy, Employment, Family Law and more. The firm was named No.1 in Utah for its business and transactions law practice by Super Lawyers.