One Park Plaza, Suite 600  Irvine, California  92614

Telephone (949) 660-0481

Employee Benefits & ERISA Law

¨  Qualified & Non-Qualified Plans

¨  Health & Welfare Plans

¨  IRS & DOL Audits

¨  Fiduciary & ERISA Consulting

¨  ERISA Claims and Disputes

 

Boutwell Fay LLP has significant expertise in employee benefits and ERISA law. The Firm has experience in the drafting, qualification, design, administration and operation of all types of qualified plans (including profit sharing, defined benefit, 401(k), money purchase and target benefit plans and ESOPs) and non-qualified deferred compensation plans, as well as 403(b) and 457 plans.   In addition, the Firm has significant experience in the drafting and administration of health and welfare benefit plans, including cafeteria plans.  The Firm provides advice to plan custodians, trustees and other plan service providers with respect to their fiduciary responsibility, technical and operational legal compliance and the law regarding prohibited transactions.

 

The Firm’s attorneys have served as counsel to numerous institutions and businesses which offer employee benefit services.  The Firm has built a foundation of experience in the drafting and qualification of all plan types - including custom designed plans as well as prototypes, IRAs, SEPs, and pension and profit sharing plans for individual employers, financial institutions, third party administrative and consulting firms and associations.  Consequently, the Firm’s attorneys have significant experience and knowledge in the general legal and fiduciary issues surrounding employee benefit services provision.

 

The Firm advises clients regarding compliance with the rules related to health and welfare plans, including the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Health Insurance Portability and Accountability Act (“HIPAA”).  The Firm’s expertise in HIPAA compliance includes special enrollment, certification and the privacy rules.

 

The Firm represents clients before the Internal Revenue Service (“IRS”) and U.S. Department of Labor (“DOL”), often assisting with respect to issues arising out of IRS audits or DOL investigations.  The Firm also has experience with correcting plan defects and breaches of fiduciary duty under the voluntary compliance programs offered by the IRS and the DOL. 

 

Practice Areas

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