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  • Plan Correction and Government Audits

    Complying with the many legislative and regulatory rules impacting employee benefit plans can be a daunting task.  As a result, correction of plan failures or responding to an audit of your company’s plan by the Internal Revenue Service (IRS) or Department of Labor (DOL) requires experienced ERISA counsel.  Our attorneys assist our clients in correction of plan failures and represent our clients in plan audits of employee benefit plans (including retirement, executive compensation and health and welfare plans), offering services such as:

    • Assistance in self-correction of certain plan failures as permitted under the IRS Self-Correction Program (SCP)
    • Representation before the IRS in negotiating closing agreements for voluntary correction of plan failures (Voluntary Correction Program, or VCP) or in resolution of an audit (Audit Closing Agreement Program, or Audit CAP)
    • Assistance in self-correction of certain fiduciary breaches and prohibited transactions
    • Representation before the DOL for correction of certain breaches of fiduciary duty under the Voluntary Fiduciary Correction Program (VFCP) or the correction of late Form 5500 (Annual Return) filings under the Delinquent Filer Voluntary Compliance Program (DFVC)
    • Representation during IRS or DOL audit meetings
    • Handling all communication with the IRS or DOL
    • Drafting written responses to issues raised by the IRS or DOL
    • Representation before the IRS or DOL on legal controversies
    • Representation before the Pension Benefit Guaranty Corporation (PBGC) on audit issues as well as plan termination and related issues

    *None of the information or links to information on this website are intended as legal advice, and you should not consider them as such. While you are welcome to contact us through our website, we will not represent you until we have specifically agreed to do so and have taken appropriate steps to determine that doing so will not create a conflict of interest. Unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure. Accordingly, please do not send us any confidential or secret information until we have agreed to represent you. Merely contacting us through this website will not establish an attorney-client relationship. In order to engage us you will need to speak directly to one of our lawyers and sign an engagement letter. By clicking on the link below you acknowledge that you understand and agree that the email you are about to send does not create any attorney-client with Boutwell Fay LLP and that email is not a secured form of communication.

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