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  • Qualified and Non-Qualified Plans

    Boutwell Fay LLP is highly experienced in the drafting, qualification, design, administration and operation of all types of qualified and non-qualified plans, including:


    • 401 (k) plans
    • Profit sharing and money purchase plans
    • Defined benefits pension plans
    • 403 (b) plans and 457 plans
    • ESOPs
    • 457 (b) plans
    • Multi-national plan issues


    • 409A plans
    • Top hot (elective deferral) plans
    • SERPs
    • Excess benefit plans
    • Phantom stock plans
    • 457 (f) plans
    • Split-dollar/insurance plans
    • Non-qualified deferred compensation plans
    • Deferred compensation under employment and severance agreements

    Our attorneys provide advice on administrative and compliance issues (including compensation limits, age discrimination, etc.), legislative and regulatory changes, and employee retirement claims and document requests.  We also help to structure and coordinate multi-plan implementation (such as the coordination of ESOPs with other benefit plans).


    In the event of a merger or acquisition, initial public offering, or other company restructuring, we offer counsel as to the effect on qualified and non-qualified plans, including:

    • Assistance in due diligence
    • Drafting representations and warranties
    • Advise on transitioning benefits
    • Advise on plan termination/partial termination issues
    • Advise Boards of Directors, compensation committees and other plan fiduciaries regarding corporate transactions

    *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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