Employee Benefits & ERISA Compliance

In today’s competitive job market, employee benefits are vital to attracting and keeping top employees. 

The design and administration of employer-sponsored retirement plans is critical in both the recruitment and retention of a great workforce, as well as owners’ retirement needs.

At Seltzer Caplan McMahon Vitek, we have years of experience 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.

We specialize in helping our clients design and structure benefits packages, while also ensuring these benefits meet all 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 the goals of each client.

Our employee benefits practice includes designing and implementing:

  • 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
  • Executive compensation plans

Our employee benefits attorneys are also well experienced with:

  • Fiduciary responsibilities under the Employee Retirement Income Security Act, best known as 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
  • Advice and counsel in connection with plan administration and testing issues
  • Plan audits by the Internal Revenue Service and/or Department of Labor
  • 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

News

SCMV Applauds the 12 Attorneys Honored by Best Lawyers 2025

Seltzer Caplan McMahon Vitek is pleased to share that 11 of the firm’s attorneys returned to The Best Lawyers in America® list, representing a diverse cross-section of practices and…

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Six SCMV Attorneys Included on San Diego Super Lawyers 2024 Lists

Seltzer Caplan McMahon Vitek is pleased to announce that six attorneys at the firm were named to the San Diego Super Lawyers or Super Lawyers Rising Stars lists this year. Representing a diverse…

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Brian Katusian Named Among San Diego’s Men of Influence

Congratulations to SCMV Shareholder Brian Katusian for being named among SD Metro Magazine’s Men of Influence for 2023. Brian's outstanding contributions as one of the region’s top…

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Brian Katusian Authors Annual Update of CEB Publication (February 2023 Edition)

SCMV attorney Brian Katusian has authored two chapter updates in the CEB (Continuing Education of the Bar) February 2023 edition of “Financing and Protecting California Businesses.”…

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SCMV Welcomes New Associate

SCMV announces that Christopher T. Angelich has joined the firm a an associate. Christopher joined SCMV’s Business Department as a law clerk in 2021. He represents clients primarily in the…

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12 SCMV Attorneys Recognized in The Best Lawyers in America® 2023

SCMV is proud to announce that 12 attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2023 edition. Attorneys named to the list are recognized for professional…

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Deadline looms for small employers to establish retirement programs

The CalSavers program requires for-profit and non-profit employers with five or more employees, at least one of whom is age 18, to offer their employees either an employer-sponsored plan that…

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SCMV Earns Top Rankings on “Best Law Firms” 2022 List

Seltzer Caplan McMahon Vitek is pleased to announce that the firm has received top rankings in San Diego for real estate litigation, real estate law and tax law from U.S. News – Best…

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10 SCMV Attorneys Recognized in The Best Lawyers in America® 2022

We are proud to announce that 10 SCMV attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2022 edition. Attorneys named to the list are recognized for…

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Brian Katusian Named Among San Diego’s Top Attorneys

Congratulations to Seltzer Caplan McMahon Vitek Shareholder Brian Katusian for being named among SD Metro Magazine’s Top Attorneys for 2021. A Certified Legal Specialist in Taxation Law by…

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Nine SCMV attorneys Recognized in The Best Lawyers in America© 2021

We’re proud to announce that nine SCMV attorneys were selected by their peers for inclusion in The Best Lawyers in America© 2021 edition. Attorneys named to the list are recognized for…

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SCMV Attorneys Named Among San Diego’s Top Lawyers

We’re proud of our attorneys and the high level of ethical standards and professional excellence they hold. In the 2020 Martindale-Hubbell® ratings, our peers rated many Seltzer Caplan…

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SCMV Named to 2019 “Best Law Firms” List

SCMV has been selected for inclusion in the 2019 “Best Law Firms” rankings by U.S. News & World Report. Firms included on the annual list are recognized for their professional…

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SCMV Attorneys Named Among The Best Lawyers in America

SCMV is proud to announce that The Best Lawyers in America© has selected eight SCMV attorneys for inclusion in its 2019 edition. SCMV Shareholder Dennis Wickham was also recognized as…

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