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Wendel Rosen represents private and public
employers and employee benefit plans in matters arising under
ERISA and state public employee benefits laws (PERS and PEMHCA),
COBRA, HIPAA, Uniformed Services Employment and Reemployment
Rights Act ("USERRA"), the Soldiers and Sailors
Civil Relief Act of 1940 and other relevant regulatory legislation.
These activities include:
- Developing and administering benefit programs
- Advising on plan structure and benefit improvements, including
implementation of nondiscrimination requirements
- Collection of benefit contributions and withdrawal liability
- Advising on administrative appeals
- Addressing compliance issues, plan requalification and
corrective action under IRS and Department of Labor regulations
- Advising on discrimination testing and coordination with
actuarial consultants
- Requests for agency advice letters and administrative
rulings
- Review of domestic relations orders
- Participation in employer and plan compliance audits
- Evaluation of potential party-in-interest transactions
- Design and administration of participant loan programs
- Developing service agreements for third party administrators
- Developing investment education programs for self-directed
investments
- Response to revisions in accounting standards
- Securing privacy of individual identifiable medical information
- Compliance with reporting and recordkeeping requirements
- Representing parties in benefit and fiduciary liability
litigation
- Advising contracting agencies on PERS and PEMHCA
Firm clients include construction industry pension, health
and apprenticeship trust funds having assets exceeding $600
million. Among the solutions that we have designed and implemented
for clients recently are a multiemployer 401(k) plan for a
highly mobile construction industry workforce, tax-free retiree
medical accounts plan for collectively-bargained employees,
and a retiree health benefits trust for public agency employers.
Attorneys working in this area have extensive litigation
experience that includes a class recovery exceeding $10 million
as plaintiffs' counsel in Music v. Western Conference of Teamsters
Pension Trust Fund, 712 F.2d 413 (9th Cir. 1983), a case in
which the Ninth Circuit Court of Appeal determined the standard
for fiduciary liability in cases involving retroactive pension
plan modifications under ERISA and the LMRA, and a case in
which the Ninth Circuit Court of Appeal further refined the
standard for appeals from adverse benefit decisions.
Practice attorneys are frequent speakers and authors in the
subject matter.
Attorneys:
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