Employee Benefits - ERISA

For more than 70 years, Bever Dye has helped clients find workable and cost-effective solutions to employee benefit and executive compensation matters for both taxable and tax-exempt employees.

Keeping pace with changing regulations that govern employee benefits and tax compliance issues, our firm helps clients navigate the wide range of legal problems raised by plan design, operation, and investment decisions for retirement plans, executive compensation arrangements, fringe benefits, and welfare benefit plans. Our attorneys regularly advise employers with respect to their own plans, as well as companies that supply products and services in the employee plan market.

Employee Benefit & Retirement Plan Services

Bever Dye offers a broad range of employee benefit and retirement plan services for a variety of employer situations, such as:

• ERISA matters
• Tax-qualified plans
• Pension plans
• Profit-sharing plans (e.g. 401k plans) ESOPs
• Tax-exempt employer plans
  - 403(b) tax sheltered annuity plans
  - 457 plans
• IRAs (including SEP and SIMPLE IRAs)
• Nonqualified deferred compensation plans
• Cafeteria plans
• Welfare benefit plans
• Split-dollar life insurance plans
• Other employee benefit matters

Executive Compensation

Our lawyers understand the unique dynamics of executive compensation issues and often assist clients in structuring compensation programs (including incentive compensation plans). We advise on life insurance (including split-dollar), health, and other welfare benefits for executives, as well as issues involving company-provided fringe benefits. Our practice in this area also encompasses nonqualified deferred compensation plans and other methods for addressing executive compensation, such as stock option and stock incentive plans.

Qualified Retirement Plans

At Bever Dye, we have counseled qualified retirement plan sponsors ranging from sole proprietorships to some of Kansas’ largest employers, and assisted on all aspects of qualified plans, including:

Selection of Plans

• Plan design and drafting (including furnishing a number of IRS-approved prototype plans)
• Employee communications
• IRS approval and IRS/DOL/PBGC Filings
• Plan operation and fiduciary requirements
• Compliance with changing legal requirements
• IRS and DOL audits

Bever Dye attorneys can also address issues regarding eligibility, discrimination, contributions, prohibited transactions, required distributions, vesting, and related matters for qualified retirement plans as well as IRAs.

Regulatory Representations

ERISA, the Internal Revenue Code and state law set forth complex rules and regulations. Our firm regularly represents clients in dealing with the various federal regulatory agencies, and our involvement ranges from seeking guidance or relief from these agencies to responding to issues raised by the agency during an audit or other review processes.

Employee Benefits Issues in Mergers and Acquisitions

Issues surrounding employee benefits can create potential landmines during the course of mergers and acquisitions, and other corporate transactions. At Bever Dye, we can guide both buyers and sellers through this process by:

• Negotiating benefits provisions in transactions
• Performing due diligence
• Assisting transition to new benefits arrangements and termination of old benefit arrangements
• Participating as part of a transition team
• Acting as the primary firm handling all aspects of the transaction
• Specifically resolving employee benefit issues
• In-house expertise

Bever Dye’s employee benefits attorneys are recognized as experienced leaders in this area and speak extensively on employee benefit matters.

Arrange a Client Conference

Bever Dye is prepared to find creative solutions to client problems, address special concerns, and implement new strategies based on ever-changing economic or legal considerations. We invite you to arrange a client conference to discuss employee benefits and ERISA planning. Call our firm at 316-263-8294 or email us to schedule an appointment.