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Employee Benefits
The Tomberg Law Firm assists
clients with respect to the administration of employee benefit plans and
compliance with the requirements under Federal tax laws, ERISA and State laws
with regard to distributions, filings, qualified domestic relations orders
("QDROs"), COBRA, HIPAA, PPACA (ObamaCare) and fiduciary duties in
plan administration, reorganizations and terminations, including the
terminations of qualified plans and liquidations of qualified plan trusts in
relation to the bankruptcy of the plan sponsor. The Firm regularly assists
clients in all aspects of employee benefits law, including:
- Litigating all aspects of ERISA litigation claims in order to properly
assert or defend the client's rights by utilizing Michael Tomberg's unique
comprehensive employee benefits law background
- Preparing and filing applications for determination letter with the IRS
to the maintain qualified status of the plan, voluntary correction program
filings with the IRS to correct plan failures, satisfaction of the IRS
self-correction program to correct plan failures (which does not involve a
filing with the IRS), and all other required and voluntary filings with other
governmental entities to maintain the legal compliance with the benefit plan
and/or the fiduciaries of the plan
- Structuring and drafting various types of executive compensation
arrangements to meet the particular client needs (such as phantom stock, phantom equity, stock
option, stock appreciation right, restricted stock and omnibus stock plans) and
has extensive experience in assisting clients in compliance with the complex
area of deferred compensation and the nuances of Section 409A of the Internal
Revenue Code
- Designing, drafting and implementing qualified and non-qualified
employee pension plans and welfare benefit plans, such as pension plans,
employee stock ownership plans (“ESOP”), 401(k) plans, supplemental executive
retirement plans, cafeteria plans and other types of employee benefit arrangements,
including associated trust agreements
- Advising and assisting in the implementation of medical privacy and
security regulations under HIPAA, including developing HIPAA compliance
programs, initial compliance assessments, gap analyses and implementations and
workforce training and drafting privacy policies and procedures
- Implementing compliance strategies with the various requirements of
PPACA (ObamaCare)
- Negotiating the employee benefit aspects and drafting the corresponding
provisions of purchase agreements and credit agreements, coordinating due
diligence and assisting clients in the benefits transition related to business
reorganizations, acquisitions, mergers, spinoffs and divestitures, as well as
analyzing and structuring employee benefit aspects of such transactions in
order to minimize the potential risk of benefit liabilities and maximize the
income tax benefits of the transaction to the client
- Negotiating administrative service agreements with respect to various
forms of benefit plan arrangements
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