Employee Benefits & Executive Compensation
SWA attorneys provide legal advice and counseling to public, private and tax-exempt entities regarding compensation and employee benefits.
Services provided include:
- Counseling clients with respect to tax and ERISA issues involved in establishing and operating qualified and non-qualified deferred compensation plans, welfare benefit arrangements and equity compensation plans.
- Creating and implementing sophisticated executive compensation arrangements.
- Handling benefits-related issues that arise from client corporate transactions and restructurings, including performance of due diligence and compliance reviews, as well as preparation and negotiation of employee benefit provisions incorporated into transactional agreements.
- Guiding clients as to employee benefit regulatory compliance, including performance of comprehensive compliance audit services, and assistance with self-audits.
- Advising clients as to benefit plan administration and management, participant communications, participant claims and inquiries, and contractual relationships with plan service providers.
- Providing daily support for in-house benefits personnel regarding elements of plan transaction, such as distributions, loans, withdrawals, investment changes and option exercises.
Engagements have included:
- Drafting and negotiating employee benefits and ERISA provisions in connection with spin-off and sale of telecommunications company, including incentive and termination programs for executives considered crucial to new ownership structure.
- Conducting compliance review of publicly traded company’s existing equity compensation program, and without compromising client’s economic objectives, working with company to adopt necessary changes to program in order to comply with relevant Internal Revenue Code provisions.
- Modifying publicly traded company’s Change in Control Arrangements in order to comply with Code Section 409A and evaluate the implications of changes under Internal Revenue Service golden parachute rules.
- Structuring management incentive program and severance arrangements consistent with Section 409A for specified employees.
- Counseling pharmaceutical cooperative as to formation of tax-exempt affiliate as sponsor of ERISA qualified health insurance program.
- Analyzing modified plan asset rules for family of investment funds seeking pension fund investors and fiduciary implications of investment education programs for employees participating in investing 401(k) plan.
- Evaluating insurance-based compensation program for executive of national tax-exempt organization, with emphasis on unique excise tax regime applicable to executives of exempt organizations.
- Providing tax and ERISA consulting services to Fortune 50 insurance and financial services company, including assessment of qualification, tax, and ERISA considerations in implementing long-term disability coverage in 401(k) plan.
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