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QUALIFIED RETIREMENT PLANS

HEALTH AND WELFARE PLANS

NONQUALIFIED PLANS
QUALIFIED DOMESTIC RELATIONS ORDERS

QUALIFIED MEDICAL CHILD SUPPORT ORDERS

GOVERNMENT PLANS

EMPLOYEE BENEFITS LITIGATION & DISPUTE RESOLUTION

ELECTRONIC PLAN ADMINISTRATION

FIDUCIARY COUNSELING

PROHIBITED TRANSACTIONS

HIPAA PRIVACY COMPLIANCE

INSTITUTIONAL INVESTMENT SERVICES

Qualified Retirement Plans

We offer a complete line of employee benefits services for employers who maintain qualified retirement plans (such as 401(k) plans, profit sharing plans, employee stock ownership plans (ESOPs) and defined benefit plans.)  Our services including providing guidance in implementing plans, including plan design consulting, drafting plan documents and employee communications materials, and submitting those documents to the IRS and other governmental agencies.  We also aid employers with ongoing plan administration by interpreting plan language and government regulations, performing compliance reviews, providing advice for correcting plan defects and resolving questions regarding benefit planning and plan administration.  We will perform vendor searches and help with all documentation necessary for plan conversions.  We also help employers with the retirement plan issues in mergers and acquisitions and plan terminations.

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Health and Welfare Plans

We draft and review health and welfare plan and trust documents of all types.  We regularly assist clients in developing and documenting flexible benefits programs (cafeteria plans), and in keeping those programs in compliance with the law.  We assist our clients with regulatory obligations and represent them before government agencies on these matters.  We counsel our clients as to their obligations under the health continuation coverage rules under the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) and their obligations under the Health Insurance Portability and Accountability Act (HIPAA).  We apply on behalf of our clients for tax-exempt status as Voluntary Employees’ Beneficiary Associations (VEBAs).

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Non Qualified Plans

We assist clients in preparing supplemental executive retirement plans, including pension and 401(k) benefit restoration plans.  We also work with long-term incentive plans, statutory and nonqualified stock option plans, incentive stock options (ISOs), 403(b) plans, 457(f) plans and various other types of non-qualified deferred compensation arrangements. 

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Qualified Domestic Relations Orders and Qualified Medical Child Support Orders

We provide total QDRO and QMCSO management services for qualified plans and employer-sponsors.  We develop QDRO and QMCSO procedures, draft manuals and work with clients to develop model QDROs and model response letters for each of their plans.  In addition, we administer QDROs and QMCSOs from initial notification of a pending order through final approval, providing legal review and preparing response letters. The administration of QDROs and QMCSOs is often a complex and litigious task.  Benefits Law Group’s QDRO services alleviate our clients’ administrative burdens and potential liability.

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Government Plans

We provide legal consulting services to governmental entities in Georgia who sponsor pension plans, 401(a) plans, 457(b) plans and 403(b) plans.  We have extensive experience with the issues unique to government plans including the state laws applicable to plan investments and fiduciary conduct.

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Employee Benefits Litigation and Dispute Resolution

We handle all forms of employee benefits disputes, including ERISA litigation for employers.  We assist our clients through the claims procedure process required by ERISA and provide fiduciary counseling.  In addition, we provide internal audits to help our clients avoid litigation through proper plan drafting and administration.

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Electronic Plan Administration

We provide legal counseling throughout the transition to paperless administration of employee benefit plans.  We review electronic plan communications and systems to reduce exposure to litigation and ensure compliance with the law.

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Fiduciary Counseling

We are dedicated to educating plan fiduciaries of their duties and responsibilities in order to prevent litigation and plan disqualification.  We offer complete claims resolution services, guidance on plan administration, compliance audits, communications audits, fiduciary manuals and seminars.  These services are a response to our clients’ concerns regarding the rising costs associated with plan administration and benefits litigation, and employee mistrust of plan administration.  We believe these services enhance the value of employee benefits by reducing confusion and suspicion about plan administration and maximizing cost-saving measures.

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Prohibited Transactions

We assist employers and plan service providers in analyzing whether transactions and investment arrangements implicate ERISA’s broad prohibited transaction rules, and in structuring arrangements to avoid violating these provisions.  We work with clients in negotiating with the Department of Labor for prohibited transaction exemptions where appropriate and in audit situations.

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HIPAA Privacy Compliance

We provide legal consulting services to employer sponsors of health and disability plans, health care providers, third party administrators, health and disability insurance companies, and other companies with access to protected health information that may be subject to sweeping privacy regulations issued under the Health Insurance Portability and Accountability Act.  We help these companies understand the impact of these regulations and prepare for compliance.  Our services include analysis, education, audit, recommendation, drafting, review and training.

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Institutional Investment Services

Our work with institutional clients, who provide investment management and other related services to ERISA plans, has given us extensive experience with the ERISA, tax, securities and other issues relating to common and collective trust funds, brokerage services provided to ERISA plans, the creation of operating companies, the collection of fees for these services and numerous other issues that arise from the investment of plan assets.

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