To reach Kelly, Hannaford & Battles P.A., call (612) 341-0881.

Please contact our office to learn more about how we may be able to help your company with employee benefits.

Welfare Plans

Most of our clients provide welfare benefits, including medical, long-term disability, and life insurance benefits to their employees.  These benefits are subject to a variety of legal requirements and require careful attention, including:

  • Addressing federal health care reform changes.

  • Complying with the HIPAA privacy and security regulations.

  • Establishing COBRA procedures.

  • Preparing or reviewing summary plan descriptions and other employee communication materials.

  • Dealing with demutualization proceeds.

  • Assisting clients with the complex legal requirements and tax issues that arise in connection with plans funded by VEBAs.

  • Preparing plan documents.

 

Our lawyers have experience dealing with these issues for a wide variety of situations.

 

Qualified Plan Corrections

Under the IRS' qualified plan corrections program, many plan errors may be resolved by self-correction or by a special filing with the IRS.  We have developed expertise in helping clients address corrections consistent with the requirements of the IRS program to resolve plan operational and administrative errors.  The IRS program is known as the Employee Plan Correction Resolution System ("EPCRS").  Because qualified plan rules are complex, it is unfortunately not uncommon for operational or administrative errors to occur.  Recognizing this, the IRS has provided a set of rules to address such errors.  Depending on the particular error, an employer may be able to use the IRS EPCRS guidelines to self correct an error.  In other instances, an employer may need to submit a filing to the IRS to approve the correction of an error. 

Our attorneys have many years of experience dealing with these issues for a wide variety of sponsoring employers.

401(k) Plans

Many large and mid-sized employers continue to need individually-designed 401(k) plans, and these plans require constant maintenance:

  • Addressing plan design approaches and dealing with the implications of corporate acquisitions and divestitures.

  • Helping the employer keep its benefits up to date.  This may involve changing the matching contribution formula, or adopting different employee groups (including QSLOB determinations).

  • Amending plans to comply with new laws and regulations and reviewing prototype plans to assure they are adopted and amended as required by the employer.

  • Helping with legal issues regarding plan investments, including ERISA ยง 404(c) issues and issues regarding investment in employer stock.

  • Preparing or reviewing SPDs and other employee disclosure documents.

  • Reviewing service provider agreements and fee disclosures.

Our lawyers have many years of experience dealing with these issues for a wide variety of large employers using both traditional and hybrid designs.

We have helped create cutting-edge cash balance benefit plans using cross-testing, alternative-benefit formulas, and unique earnings crediting features.  One unusual thing about our defined benefit practice is that, unlike most other benefits law firms, we have an experienced pension actuary, Mark Meyer, on our staff. 

Defined Benefit Pension Plans

Many employers continue to offer defined benefit pension plans, and these plans require constant maintenance:

  • Dealing with the pension plan implications of corporate acquisitions and divestitures.

  • Helping the employer assure that its benefit package is cost effective.  This may involve changing the main pension calculation formula, or adopting different benefit levels for different employee groups.

  • Amending plans to comply with new laws and regulations.

  • Developing appropriate supplemental arrangements for higher paid individuals whose qualified plan benefits are limited by the Internal Revenue Code.

  • Helping with legal issues regarding plan investments.

  • Preparing or reviewing SPDs and other employee disclosure documents. 

 Our law firm assists clients with these and other types of employee benefits:

The firm's attorneys offer the broad range of skills and expertise large and mid-sized employers need in the employee benefits area.

Kelly, Hannaford & Battles P.A. offers clients the advantage of many years experience in employee benefits.  Our knowledge base extends from the wide array of retirement and health benefit plans to our executive compensation practice.

  • Tax-Qualified Plans

  • Pension

  • Profit Sharing

  • 401(k)

  • ESOP

  • Stock Bonus

  • Plans of Tax-Exempt and Governmental Employers

  • 403(b) Annuities

  • 403(b)(7) Custodial Account Plans

  • 457 Plans

  • Welfare Plans

  • Medical Plans

  • Group Term Life Insurance

  • Disability Benefits

  • HIPAA Issues

  • COBRA Compliance

  • VEBAs

Employee Benefits

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