In complex litigation, twin energies – preparation and persuasion – usually dwarf all factual, legal or personal considerations. In today’s competitive job market, employee benefits are key in attracting and keeping a great workforce. Design and administration of employer-sponsored retirement plans in particular is often critical both to attracting and retaining a great workforce and to the retirement needs of business owners as well. At Seltzer Caplan McMahon Vitek, we offer years of experience in providing advice and support services to our clients concerning all facets of employee benefits, including qualified retirement plans, IRAs, health and welfare plans, cafeteria/flexible benefit/premium only plans, and non-qualified deferred compensation plans.
SCMV specializes in helping our clients design and structure benefits packages, while also ensuring that these benefits meet all necessary regulatory and reporting requirements. A San Diego-founded law firm, we are here to help create solid framework for companies doing business in our city and take pride in meeting particular goals of each client.
Our employee benefits practice includes designing, implementing, and administering:
- Qualified retirement plans, including profit sharing plans, 401(k) plans, 401(k) profit sharing plans, money purchase pension plans and defined benefit plans
- Non-qualified deferred compensation plans/409A plans, including stock-based incentive compensation plans, rabbi trusts and supplemental retirement arrangements
- 403(b) and 457 plans for tax-exempt and governmental agencies
- Health and welfare benefit plans (including 105 and 125 plans), including medical, dental, life insurance, cafeteria, severance plans and VEBA trusts
Our employee benefits attorneys are also well experienced with:
- Fiduciary responsibilities under ERISA, including prohibited transactions and available exemptions to prohibited transactions, plan assets and fiduciary standards of conduct
- Plan terminations and distributions (including rollover issues involving IRAs and Roth IRAs)
- Day-to-day administration, including plan administration and testing
- Plan audits by the Internal Revenue Service (“IRS”) and/or Department of Labor (“DOL”)
- Correcting plan defects, including the use of IRS and DOL compliance programs
- Preparing DROs and QDROs in connection with family law proceedings with respect to both ERISA-covered and non-ERISA retirement plans (such as CalSTRS, CalPERS, and SDCERS plans)