ERISA & Employee Benefits Attorneys
At The Wagner Law Group, our Employee Retirement Income Security Act (ERISA) attorneys work with employers and other sponsors of employee benefit plans on issues arising under ERISA, including fiduciary compliance, retirement plans, employee stock ownership plans (ESOPs), welfare benefits and the Pension Benefit Guaranty Corporation (PBGC) as well as all aspects of ERISA litigation, including expert witness services. We have one of the largest ERISA practice groups in the nation, with clients across the United States and around the world.
The clients of our ERISA practice include publicly traded, multinational corporations, closely held corporations of all sizes; plan administrators, trustees and investment managers; major U.S. financial institutions, broker-dealers and registered investment advisers; governmental entities; professional and trade associations; tax-exempt organizations (especially hospitals and physician organizations and their affiliates); and individual benefit plan participants. Contact us 617-357-5200 to discuss your ERISA matter.
ERISA Table of Contents
The ERISA Law Issues We Handle
The Employee Retirement Income Security Act of 1974 (ERISA) sets the rules for most private retirement and health plans to protect individuals who join these programs. We handle all types of ERISA issues.
Fiduciary Governance & Compliance Standards
At The Wagner Law Group, we help business leaders govern their plans. ERISA litigation handles active disputes, but our lawyers know strong compliance protects your business:
- Fiduciary duty compliance based on the “prudent man” rule and the duty of loyalty
- Rules against self-dealing and transactions with parties-in-interest
- Investment policy statements, asset oversight and fund choices
- Fee lawsuits and disclosure rules for service provider costs
Meeting these standards protects both plan sponsors and participants.
Reporting & Disclosure Management
Plan administrators must submit correct records to avoid steep federal fines. Good reporting keeps your plans clear with the government:
- Form 5500 filings and annual reports for the DOL and IRS
- Summary plan descriptions (SPDs) and summaries of material modifications (SMMs)
- Delinquent Filer Voluntary Compliance Program (DFVCP) to fix missed filings
We help clients meet all record rules and stay compliant.
Health & Welfare Benefits Programs
Worker health and welfare benefits need constant legal review. We help clients manage the rules for these programs:
- Group medical and health plans involving the ACA, HIPAA and COBRA
- “Cafeteria” plans and flexible benefit setups
- Trust-funded short-term and long-term disability plans
- Group life and AD&D insurance issues tied to beneficiary choices and claim denials
- Severance pay plans that qualify as employer-sponsored ERISA plans
- Mental health parity (MHPAEA) compliance
Our team tracks new laws to keep your welfare plans secure and legal.
Retirement Plan Oversight & Design
Strong retirement benefits require strict financial compliance. Our lawyers manage many retirement programs such as:
- Defined benefit pension plans, profit-sharing and 401(k) plans
- ESOPs and rollover as business start-up (ROBS) structures
- Qualified and nonqualified deferred compensation programs, including top-hat plans
- Prototype and other preapproved plans
We guide business owners through the details of standard and special retirement programs.
Specialized Industry Rules & Emerging Regulations
Specific industries and court orders demand focused legal tactics. We help HR leaders and owners tackle special rules, including:
- Multiemployer plans and Davis-Bacon plans for prevailing wage projects
- Voluntary employees’ beneficiary associations (VEBAs)
- Qualified domestic relations orders (QDROs) and qualified medical child support orders (QMCSOs)
- No Surprises Act (NSA) and Consolidated Appropriations Act (CAA) medical billing compliance
Our team will clearly explain these special and emerging laws to you.
Compliance Correction & Plan Terminations
Federal programs exist to fix compliance failures. When plans need changes or closures, our lawyers can step in to lower risk:
- EPCRS and VFC programs to fix document failures and fiduciary breaches
- Standard and distress terminations linked to defined benefit plans and the PBGC
We offer guidance across all areas of ERISA law. Beyond our legal insight, we bring the practical skills to resolve your unique case.
Our ERISA Attorneys Have Considerable Experience
With more than 30 years of experience at our disposal, you can count on us to provide you with exceptional and dedicated service in:
- Assisting clients in all aspects of establishing, operating, merging and terminating benefit plans and executive compensation arrangements
- Explaining the application of labor and securities laws and regulations to sponsors of employee benefit plans and executive compensation programs
- Developing transactional compliance systems to enable employers to comply with ERISA and the Internal Revenue Code
- Advising clients on the application of the fiduciary responsibility and prohibited transaction provisions of ERISA to various types of transactions and investments
- Representing clients in requests for individual and industrywide (class) exemptions from the prohibited transaction provisions of ERISA
The firm has developed a fiduciary audit practice under which we review the operation of clients’ benefit plans. Our ERISA attorneys also assist clients in locating, selecting and engaging investment advisers for their retirement plans.
We have successfully represented clients before the U.S. Department of Labor, the Internal Revenue Service and the PBGC in audits, examinations and settlement negotiations.
Learn More About Our Services
For more information about particular areas of our ERISA, employee benefits and executive compensation practice, please call 617-357-5200 or email us here.