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Employee Benefits and ERISA

Our clients come to us for thorough and straightforward answers to complex employee benefits issues. In Chambers USA 2022, based on client and peer reserach, two Shareholders on our team were awarded its highest recognition for their work in this area. Read more here.

The opportunities and requirements surrounding employee benefit plans and programs are dynamic and ever-changing. On one hand, new laws and innovative programs assist companies in recruiting and retaining executives and employees. On the other hand, employers can feel overwhelmed by the dizzying array of time-consuming rules and regulations that govern the development, administration and termination of their employee benefit programs.  At McGrath North, we assist our clients in designing, reviewing and operating a wide variety of employee benefit programs and plans, including retirement, health and welfare, wellness, and other programs offered by employers to their employees.  Our practical, solutions-oriented approach creates a strategic framework in which an employer’s benefits program is aligned with the company’s overall business objectives and goals.

We have a wide range of expertise and are able to advise our clients on federal, state and international benefit matters as well as ERISA and tax law matters.  We are able to assist our clients with all aspects of employee benefits including drafting plan documents and amendments and assisting with daily administrative matters and fiduciary compliance.

Industry Experience:  Department of Labor and Internal Revenue Service audits and voluntary correction procedures, governmental and tax-exempt employer plans, executive and deferred compensation arrangements, corporate restructurings, acquisitions, welfare and fringe benefit programs, health care reform compliance, HIPAA, qualified retirement plans, continuation coverage (COBRA and state continuation coverage) compliance, reporting and disclosure obligations to the Department of Labor and the Internal Revenue Service, retirement and welfare plan nondiscrimination requirements, fiduciary compliance, investment committee administration, qualified domestic relations orders (QDROs), qualified medical child support order (QMCSOs), payroll tax compliance, international benefit arrangements, plan administration, plan documentation, annual plan reporting.

Representative Matters:

  • Represented clients in both IRS and Department of Labor examinations to successful resolutions.
  • Performed and implemented fiduciary reviews and education to minimize potential fiduciary liability.
  • Conducted health care reform compliance audit of clients’ health and welfare plans to minimize audit liability.
  • Successfully completed 401(k) plan correction filings with the IRS and DOL relating to delinquent employee contributions.
  • Successfully eliminated or reduced ACA employer mandate penalties.
  • Review, analyzed, and mitigated HIPAA and data security breaches relating to benefit plan data, and handled distribution of notices to affected individuals.
  • Implemented effective cost-reduction methods for health plans, including centers of excellence and direct contracts with providers.
  • Business succession through the use of ESOPs.
  • Defined benefit plan terminations and establishment of Qualified Replacement Plans.

Motion Denied


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