Burke, Warren, MacKay & Serritella's Employee Benefits attorneys offer a wide range of compensation and employee benefits services to help maximize those benefits within budgets and within tax and benefit law guidelines. We assist in designing, documenting, implementing, revising, and terminating employee benefit arrangements, including pension and profit sharing, 401(k)s, health and welfare, executive compensation, and stock option plans. In addition, we counsel plan trustees regarding plan administration, including documenting investments, determining the eligibility of and obligations to beneficiaries, and working with accountants and actuaries.
Our benefits clients come from both the private and public sectors and include major corporations, closely held businesses, single and multiple employer plans, collectively bargained plans, governmental agencies, and religious and other tax-exempt organizations. Plans vary from unfunded plans to those with assets of more than $2 billion. The common element in all of our plan clients is the desire and need to maximize benefits at the lowest possible cost, while complying with applicable law.
IRS and U.S. Department of Labor
Employee benefits involve considerable interaction with the Internal Revenue Service, the U.S. Department of Labor, and state agencies. Our attorneys are experienced in working with the IRS to obtain determination letters for our clients’ qualified plans and have represented clients before both the IRS and U.S. Department of Labor in conjunction with plan audits.
All interested parties want benefits plans to work smoothly and without litigation. However, when disputes arise and settlements cannot be reached, our benefits and litigation attorneys work together to achieve the best possible result for our clients.
Mergers and Acquisitions
Employee benefits plays a significant role in mergers and acquisitions. Buyers need to know the benefit costs and obligations accompanying an acquisition, and sellers want to see their loyal employees protected after the closing. Both parties want a seamless transition from the seller's benefit package to the buyer's benefit package. Benefit plans may have to be adopted, amended, or terminated. We work closely with clients to ensure that the benefits portion is properly addressed to meet the client's goals.