Practice Areas
Compliance, Legal Assistance, Communications and Training

Employers | Service Providers | Non-Profits

Employers: Retirement Plans, Welfare Benefit Plans and Deferred Compensation Programs

Giller & Calhoun’s legal professionals offer an in-depth understanding of the many facets of designing, administering and enhancing employee benefit and executive compensation arrangements. We focus on identifying solutions that cost effectively meet your business objectives as well as the needs of your employees.

For plan sponsors, we provide the following services:

• Retirement plan design – We have a comprehensive knowledge of the laws and regulations that apply to defined contribution and executive compensation plans with respect to both plan design and operation. We offer expertise in ERISA, tax law, and insurance law for 403(b), 457, 401(a), and 401(k) plans.

• Executive Compensation Plans – We will help your organization design tax compliant executive compensation arrangements that meet all the additional requirements applicable to nonprofit organizations.

• Operational compliance – We can help you determine the best practices and policies for ensuring that your retirement plans remain in compliance, as well as keep you up to date with regulatory issues and changes.

• Preparation of plan documents and summary plan descriptions – We can help you draft and implement new and restated plan documents and disclosure materials or review existing documents to make sure that they meet your needs. In addition, we can prepare and file all necessary documents for your plan with the Internal Revenue Service.

• Employee plan communications – We can assist you with meeting your legal disclosure requirements as well as general communications to your employees about your benefits programs, including announcing significant changes.

• Early Retirement Programs – We can help you design an early retirement program that meets the requirements of the tax law, ERISA, and the Age Discrimination in Employment Act.

• Fiduciary guidance – We can help you navigate the numerous responsibilities that result from being a plan fiduciary and help you set up the procedures you need to follow in order to meet your fiduciary obligations, including issues relating to selecting and monitoring of service providers for your plan and providing investment advice to your employees.

• Health benefits programs – We can provide expert guidance on the funding of retiree health plans, including options such as VEBAs, and help you meet HIPPA and COBRA rules. In addition, we offer advice on operational compliance issues related to Section 125 Cafeteria plans.

• Agreements with plan vendors and other service providers – We can help you negotiate new agreements and review your current documents to ensure that your arrangements with these firms offer you the services and flexibility you need to administer your plan effectively and that you meet your compliance responsibilities.

• Correction programs with IRS and DOL – We can help you address any existing or potential issues should problems with your programs be identified.

• Spanish language review and comment – Many employers are seeking to provide financial education and other information to their Spanish-speaking employees in the language with which they are most comfortable. And in some cases, you may be required to provide your employees with Spanish language disclosure materials. We can provide you with a comprehensive review of any marketing communications and other documents that you decide to have translated.

Service Providers: Retirement, Insurance and Compliance

Our legal professionals are exceptionally well-versed in the numerous and complex laws and regulations governing the insurance industry. We can provide product advice on both federal and state law issues.

• Retirement income solutions –   We can work with you to design and develop products that can be used in connection with retirement programs. We have special expertise in the development of products that provide retirement income from defined contribution plans, including 401(k) plans.

• 403(b) programs – We can assist you in all aspects of your business as a service provider to the 403(b) market, including product development and operation, tax and ERISA compliance, participant communications, and review of marketing materials.

• Insurance Regulatory Issues – Our legal professionals are exceptionally well-versed in the numerous and complex laws and regulations governing the insurance industry, and can provide guidance and advice for insurers regarding state insurance laws that apply to life insurance and annuity products.

Non-Profits: General Legal Services and Advice

Giller & Calhoun offers expertise in the tax and corporate governance issues that apply to the not-for-profit sector. We can develop a retainer arrangement to ensure organizations have legal support available on an ongoing basis.

• Comprehensive support for nonprofits – We can assist you in addressing a wide range of challenges, including formation of your nonprofit organization, applying for tax exemption, IRS regulatory issues and identifying issues regarding unrelated business taxable income.

• Corporate governance – • We can help you develop and document appropriate corporate policies, procedures and employee relations strategies to ensure that your organization fulfills its mission and goals.

• Merger Guidance – We can guide you through the process of merging with another nonprofit.

• Contract and lease review – We can review your contracts, leases and other legal documents to ensure that your best interests are being met.

• Fiduciary guidance – We can help you navigate the numerous responsibilities that result from being a plan fiduciary and help educate your Board members on their fiduciary responsibilities.

• 403(b) programs – We can assist you with all aspects of your 403(b) plan including operations, tax and ERISA compliance, and participant communications. We can help you establish the procedures you need to follow in order to meet your fiduciary obligations, including issues relating to selecting and monitoring of service providers for your plan, and providing investment advice to your employees
  
   

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