Our employee benefits practice is as varied as our business clientele. Not only are we experienced in the design, drafting and qualification of traditional retirement plans, such as pension plans and 401(k) plans, we are also able to assist clients in designing non-traditional benefit and compensation programs responsive to their specific needs. In addition, our attorneys are well prepared to assist clients with stock-based compensation programs, whether through an employee stock ownership plan or other incentive or stock option plan design. Employee benefits are an increasingly important component of individual and corporate tax planning, and Henson & Efron can develop compensation and benefit strategies to meet long term goals. We also have experience representing plan sponsors and beneficiaries in connection with disputes that may arise regarding employee benefit matters.

Services

• Benefits Issues Arising From Corporate Transactions
• Cafeteria Plan Implementation
• Employee Stock Ownership Plan (ESOP) Design And Implementation
• Equity And Incentive Compensation Plan Development
• IRS Qualification Of Retirement Plans
• Non-Qualified Deferred Compensation Strategies
• Pension/401(k) Plan Design, Drafting And Implementation
• Plan Interpretation And Administration Assistance
• Representation Of Plan Sponsors And Plan Participants In Disputes Regarding Employee Benefits Plans
• Representing Plan Sponsors In Internal Revenue Service And Department Of Labor Audits
• Welfare And Fringe Benefit Plan Design
  

Representative Experience

• Designed, drafted and interpreted tax-qualified and non-qualified deferred compensation plans and equity compensation plans
• Represented companies owned by employee stock ownership plans, including structuring a multimillion dollar financing transaction and advising employers on the management of repurchase liability
• Designed and drafted welfare and fringe benefit plans and summary plan descriptions
• Completed retirement plan qualification process, analyzed and corrected qualification defects and negotiated with IRS to resolve issues and preserve plan qualification through closing agreement program
• Resolved retirement asset transfer and plan merger issues in context of acquisition and divestiture transactions
• Structured multimillion dollar financing transactions through employee stock ownership plans for publicly held corporations
• Analyzed plan qualification defects and negotiated with the IRS to resolve issues and maintain plan qualification through Closing Agreement Program
• Represented plan participants in class action lawsuit involving claims of breach of fiduciary duty
• Completed all forms and explanations necessary to maintain qualifications of defined benefit and defined contribution plans and employee stock ownership plans as ongoing plans
• Resolved retirement plan asset transfer and plan merger issues in context of major corporate acquisitions
• Developed a variety of plan documents easily adaptable to client situations and drafted complex plan documents tailored specifically for a client's unique needs
• Designed non-qualified deferred compensation plans and equity compensation plans to implement client's total compensation objectives
• Obtained individual prohibited transaction exemptions through Department of Labor

Employee Benefits Attorneys

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