Construction Workers

Retirement Plans

We assist with the formation and maintenance of 401(k), profit sharing, defined benefit and cash balance plans.

The initial purpose of ERISA was to make sure that retirement benefits promised by employers to their employees were protected.  Since ERISA’s enactment in 1974, the government has created a complex web of benefit laws and regulations.  Recent enactment of the SECURE and CARES Act amended key elements of all retirement plans governing the timing and taxation of benefit distributions. Our team helps trustees track changes in legislative requirements and agency regulations to ensure compliance and avoid costly liabilities.   

How our team can help

Our attorneys assist with the formation of 401(k), profit sharing, defined benefit and cash balance plans. We can draft initial trust agreements and plan documents describing. We prepare filings with the IRS to receive a favorable determination letter and draft materials for participants to explain the benefits they will receive .  

For existing plans, our attorneys provide trustees with advice relating to plan maintenance and administration.  Many times, our Clients need help achieving an intended benefit while maintaining legal compliance and proper funding levels. We work with the fiduciaries, plan administrators, auditors and actuaries to understand the administrative and funding issues facing the retirement funds.  As part of this team, we work to explain ERISA’s complexities so the trustees can provide the retirement benefits desired.

We are well versed in the design, operation and fiduciary issues related to the implementation and administration of defined contribution and defined benefit retirement plans. Our team includes experienced pension attorneys with backgrounds in related fields, such as actuarial consulting and compliance. We work with the other plan professionals to maintain plan compliance, including:

  • Drafting annual disclosures on fees and benefits

  • Safe harbor 401(k) testing

  • Updating plan documents and summary plan descriptions

  • Reviewing and negotiating service agreements with plan professionals including recordkeepers, investment advisors, investment managers and other retirement plan consultants

  • Monitoring of service providers and fee disclosures

  • Preparing policies and procedures necessary to document compliance in areas such as:

    • Pension Application and Calculations

    • Investment Policies and Monitoring

    • 404(c) Investment Education

    • QDROs

    • Missing Participants

    • Deferred Vested Benefits

    • Suspended Benefits