Compliance with the numerous legislative and regulatory rules governing employee benefit plans is the cornerstone of the practices at Trucker Huss. Our experience and expertise in reviewing and understanding these rules allows us to offer the highest quality counseling to our clients.
Our attorneys frequently interact with the IRS and DOL on public policy issues that may impact our clients, including submitting comments in connection with regulatory proposals and participating in leadership roles in groups like the NCCMP and ABA Joint Committee on Employee Benefits that can help influence the legislative and regulatory landscape.
Receiving notice of an IRS audit or DOL investigations concerning an employee benefit plan (including retirement, executive compensation, and health and welfare plans) or notice of an PBGC audit concerning plan termination or insurance premiums can be daunting. In these situations, we serve as employee benefits counselors to our clients. Legal activities and support include:
- Facilitating and supporting clients during IRS, DOL or PBGC audits
- Handling all correspondence, phone calls and contact with the IRS, DOL or PBGC
- Drafting written responses to legal issues raised by the IRS, DOL or PBGC
- Negotiating closing agreements or other resolutions of the audit or investigation
If you'd like to know more
- Arbitrability of ERISA Fiduciary Breach Cases
JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019 This article was first published by the Journal of Pension Benefits: Issues in Administration, Design, Funding, and Compliance, Autumn 2018, Vol. 26, No. 1. Although the viability of arbitration rather than litigation in ERISA fiduciary breach claims remains to be seen, there are several considerations for employers who […]READ MORE
- Second Circuit Breathes New Life Into Company Stock Litigation
JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019 In offering their own company stock as a plan investment option, retirement plan fiduciaries are subject to the same duty of prudence that governs the selection, retention and removal of any other investments. Before 2014, litigation against plan fiduciaries that offered their companies’ stock as an […]READ MORE
- IRS Issues Proposed Regulations Modifying Hardship Distribution Rules
BRYAN CARD, February, 2019 The new year brings significant changes to hardship distributions under Section 401(k) plans and Section 403(b) plans. Following the passage of the Bipartisan Budget Act (the “Act”) in February 2018, the Internal Revenue Service (IRS) released proposed regulations in November 2018 which provide implementing guidance for the new rules and modifications […]READ MORE