Employee Benefits & Compensation

Helping meet business goals through compliant benefit and compensation plans

Dunn Carney attorneys have significant experience in a range of employee benefit design, documentation, implementation, administration, maintenance and reporting, and disclosure compliance. We also advise on the tax consequences associated with employee benefits and compensation.

We design, draft, amend, merge and terminate all types of benefit and retirement plans and assist clients with qualification, operational and compliance issues. This includes advising clients of changes in the law, obtaining government approvals and developing materials for communication with employees. We work with the client’s other consultants – such as accountants, investment advisors, trustees, third party administrators and record-keepers – to best meet the client’s goals.

Qualified Plans

We have experience in all aspects of qualified pension, profit sharing and stock bonus plans.

This includes working with individually designed, volume submitter, master/prototype and 401(k) plans.

We deal with the unique issues encountered in self-employed, partnership or limited liability company plans and IRAs, as well as plans of commonly controlled entities, affiliated service groups, leased employees and multiple employer plans.

Nonqualified, Executive & Incentive Plans

Our attorneys prepare plans, employment and independent contractor agreements that involve current and deferred compensation, equity-based incentives and severance benefits, including change of control arrangements, golden parachutes and fringe benefits. We help clients bring plans into compliance with Section 409A or preserve its exemption or grandfather status.

We are well-versed in nonqualified executive and incentive compensation, including:

• Stock options
• Restricted stock and units
• Stock appreciation rights
• Phantom stock and units
• Bonus arrangements and performance plans
• SERPs
• Profits, promoted interests and other deferred compensation programs
• Benefits using insurance and rabbi trusts

Welfare Benefit Plans

We deal with all types of welfare benefit and insurance arrangements, including health, life, accident, disability, cafeteria and flexible benefit plans. We also assist clients with compliance with HIPAA, COBRA, ACA, Stark and anti-kickback rules.

Business Transactions and Tax Issues

We have extensive experience handling compensation and benefit plan aspects in business transactions such as acquisitions, sales, mergers, spin-offs and leveraged buyouts, including the use of ESOPs.

Mediation and Dispute Resolution

We provide preventive counseling to reduce exposure to employee complaints and governmental agency inquiries. We assist both employers and employees in mediation and dispute resolution matters involving employee claims under a plan’s administrative claims review procedures. We have represented clients in court and assisted clients through various correction programs offered by the Internal Revenue Service and Department of Labor.

Fiduciary Matters

We advise clients with respect to fiduciary responsibility under the Employee Retirement Income Security Act (ERISA) and the prohibited transaction rules. This ensures that transactions either comply with the rules or are exempt.