McCarter & English, LLP

Employee Benefits & Executive Compensation Department

New Jersey
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Overview

Our Employee Benefits clients range from large, publicly traded companies to midcap and startup companies and tax-exempt and not-for-profit entities. In our role as outside ERISA and employee benefits counsel, we advise on plan qualification rules under the Internal Revenue Code, plan administration and compliance issues under ERISA and the Affordable Care Act, as well as COBRA compliance and HIPAA privacy requirements. We design and help our clients administer employee pension and welfare benefit plans and other compensatory arrangements. We guide plan sponsors and their boards of directors or trustees, as well as plan administrative and investment committees, through a wide range of fiduciary responsibility and liability issues under ERISA.

We also advise plan sponsors and plan administrative committees in participant claims for benefits in accordance with the Department of Labor (DOL) claims procedure regulations and actions filed under ERISA §502 in federal court, and have presented client education programs on a variety of issues.

We submit requests for the IRS for compliance statements and closing agreements under the IRS Employee Plans Compliance Resolution System. We advise clients in dealing with the Pension Benefit Guaranty Corporation regarding its defined benefit pension plans. We also handle compensation issues that arise in highly competitive markets.