Achieving Results, Exceeding Expectations

Practice Areas

Employee Benefits and ERISA

Employers continue to face ever-increasing competition and financial pressures in today's evolving business environment. Cost-effective benefits and compensation programs are necessary to attract and retain talented employees and executives and remain competitive, but these programs are highly regulated by the IRS, Department of Labor, and, in some cases, the Pension Benefit Guaranty Corporation (PBGC), as well as other governmental agencies. There also exists a seemingly unending flow of legislative and regulatory changes impacting these programs.

At Dawda Mann, we expertly advise clients on the rules affecting their benefits programs, as well as assist business leaders in designing competitive benefits packages and in establishing new benefits programs. As legal mandates change over time, we also work with clients to monitor and redesign employee benefits programs to keep pace with those changes in government mandates, legal requirements and the financial and competitive changes of the business.

Dawda Mann has considerable experience in all aspect of employee benefits, including the design, implementation, administration and regulatory compliance of all employee benefit programs for both for-profit and not-for-profit businesses. We regularly work with clients’ accountants, insurance vendors, third party administrators, investment advisors, human resources personnel and executives to ensure that our clients’ benefit programs are in compliance and fit their needs and goals.

Our employee benefits and ERISA services include:

Retirement Plans

  • Defined contribution plans, such as 401(k) plans, money purchase pension plans and employee stock ownership plans
  • Traditional defined benefit plans
  • Collectively bargained plans
  • Tax-sheltered annuity (TSA) plans for tax-exempt employers
  • 457 plans for government and tax-exempt employers
  • SIMPLE IRAs and Simplified Employee Pension Plans

Health and Welfare Plans

  • Section 125 cafeteria plans, including flexible benefits
  • Traditional medical, dental and vision health care plans
  • Health savings accounts and Health Reimbursement Arrangements
  • Health care reform issues (i.e. the Affordable Care Act)
  • Wellness plans
  • Consolidated Omnibus Budget Reconciliation Act (COBRA) compliance
  • Health Insurance Portability and Accountability Act (HIPAA) compliance

Executive Employment, Severance and Deferred Compensation

  • Non-qualified deferred compensation plans
  • Supplemental executive retirement plans (SERPs)
  • Executive employment agreements
  • Severance and retention agreements
  • Internal Revenue Code Section 409A, 162(m) and 280G compliance

Plan Documentation and Administration

  • Preparation of plan documents to comply with legal requirements
  • Preparation of summary plan description, summaries of material changes, employee notifications and communications, including open enrollment materials, election forms, tax notices, employee letters and summary explanation of other benefit events
  • Preparation of IRS filings for favorable ruling letters on qualified retirement plans
  • Advising on annual government reporting requirements and employee notice requirements
  • Assisting in plan termination matters, including required corporate and plan documentation, IRS, Department of Labor and PBGC filing documents and requirements, including distress termination filings of traditional pension plans and plan termination administration

Business Transactions

  • Employee benefits due diligence in mergers, stock or asset sales and other corporate transactions
  • Assisting on benefits transition issues relating to merger or sale
  • Government Audits and Other Proceedings
  • Assisting clients in IRS, Department of Labor and PBGC audits and inquiries
  • Assisting clients in corrections procedures for plan administrative and/or plan documentation errors, and filing with government agencies under IRS or Department of Labor Voluntary Correction Programs

Plan Fiduciary Guidance

  • Advising administrative committees on fiduciary issues concerning administration, funding and claims procedures
  • Advising fiduciaries concerning use of plan assets
  • Review of vendor contracts, including third-party administrator and investment advisor arrangements