A significant portion of the practices at Trucker Huss are devoted to advising our clients on legal compliance issues related to qualified retirement plans. We work with clients of all types and sizes, from Fortune 50 companies, small businesses, professional firms and not for profit organizations to collectively-bargained plans, union-sponsored plans, and public (governmental) plans.
We advise clients on the full range of qualified retirement plans, including:
- Defined benefit pension plans
- Cash balance and other “hybrid” plans
- Code section 401(k) plans
- Profit sharing plans
- Money purchase pension plans
- Code section 403(b) plans
- Code section 457 plans
Our attorneys act as counsel to plan sponsors, administrators of employee benefits plans and the trust funds of multiemployer plans. We also handle specific legal or operational issues related to employee benefits plans. Our attorneys provide assistance to our clients regarding a wide range of activities, including:
- The design, implementation and termination of plans;
- Advising on administrative and compliance issues (e.g., calculation of lump sum benefits and annuities, age discrimination, QDROs, Code section 415 limits, compensation limits, and Social Security benefit adjustment options);
- Updating clients about legislative and regulatory changes;
- Assisting with participant claims, appeals and documents requests;
- Assisting with IRS, Department of Labor and PBGC plan audits; and
- Preparing submissions to IRS and DOL correction programs and negotiating correction methodologies and sanctions or penalties.
In addition, issues arising in one type of plan sponsored by a client may affect the client’s entire employee benefit program. Examples include the cross-over of qualified retirement plans and excess benefit retirement plans, and the duplication of disability benefits in a defined benefit plan and a long-term disability plan. Being familiar with all types of employee benefit plans, we are able to help our clients identify and resolve issues resulting from these situations.
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