Bass, Berry & Sims | Practices

Practices Matters Clients Attorneys Newsletters	Employee Benefits Representative Matters Routinely design, draft and implement employee benefit plans, including 401(k) plans, health plans and cafeteria plans, to tailor benefits under such plans to meet employers' differing needs. Representation of an employer with over 5,000 employees in the design, drafting and implementation of separate group health plans for active and retired employees. Routinely advise numerous companies, including many with over 1,000 employees, in regard to the amendment and change in design of their employee benefit plans or programs. Representation of employers in implementing downsizing programs, including the preparation of applicable documents, providing advice on legal issues arising in connection with the programs, and defending the programs. Routinely design, draft and implement nonqualified deferred compensation plans and executive compensation programs. Representation of several large employers in establishing sophisticated nonqualified deferred compensation plans for their top management. Representation of a company with over 5,000 employees in the design and implementation of a broad-based employee stock purchase plan, including the securing of a ruling from the IRS that the plan and certain innovative provisions in the plan qualify for favorable federal tax treatment under Section 423 of the Internal Revenue Code. Representation of a company with over 25,000 employees in negotiating with the IRS National Office pursuant to the IRS correction program for qualified plans to correct operational errors made in the administration of their 401(k) plan. We have successfully represented numerous employers of all sizes in IRS and Department of Labor correction programs for qualified retirement plans and executive compensation programs. Representation of large employers in several complex litigation matters involving ERISA fiduciary responsibility issues; regularly advise employers and plan committees on ERISA fiduciary responsibility issues. Advise major federal contractor on worker misclassification and independent contractor issues. Routinely advise employers on welfare and retirement plan issues, including issues related to collective bargaining agreements, multiple employer plans, and multi-employer plans. Representation of an employer before the Department of Labor regarding complex fiduciary responsibility issues in which we successfully negotiated a favorable settlement with the Department of Labor on behalf of our client. We routinely represent or advise employers in IRS and Department of Labor audits and other controversies involving these agencies. Representation of a 15,000 employee company before the Pension Benefit Guaranty Corporation, where we successfully obtained a substantial refund of premiums paid to that agency for the company's defined benefit pension plan. < back

Employee Benefits

Representative Matters

Routinely design, draft and implement employee benefit plans, including 401(k) plans, health plans and cafeteria plans, to tailor benefits under such plans to meet employers' differing needs.
Representation of an employer with over 5,000 employees in the design, drafting and implementation of separate group health plans for active and retired employees.
Routinely advise numerous companies, including many with over 1,000 employees, in regard to the amendment and change in design of their employee benefit plans or programs.
Representation of employers in implementing downsizing programs, including the preparation of applicable documents, providing advice on legal issues arising in connection with the programs, and defending the programs.
Routinely design, draft and implement nonqualified deferred compensation plans and executive compensation programs.
Representation of several large employers in establishing sophisticated nonqualified deferred compensation plans for their top management.
Representation of a company with over 5,000 employees in the design and implementation of a broad-based employee stock purchase plan, including the securing of a ruling from the IRS that the plan and certain innovative provisions in the plan qualify for favorable federal tax treatment under Section 423 of the Internal Revenue Code.
Representation of a company with over 25,000 employees in negotiating with the IRS National Office pursuant to the IRS correction program for qualified plans to correct operational errors made in the administration of their 401(k) plan. We have successfully represented numerous employers of all sizes in IRS and Department of Labor correction programs for qualified retirement plans and executive compensation programs.
Representation of large employers in several complex litigation matters involving ERISA fiduciary responsibility issues; regularly advise employers and plan committees on ERISA fiduciary responsibility issues.
Advise major federal contractor on worker misclassification and independent contractor issues.
Routinely advise employers on welfare and retirement plan issues, including issues related to collective bargaining agreements, multiple employer plans, and multi-employer plans.
Representation of an employer before the Department of Labor regarding complex fiduciary responsibility issues in which we successfully negotiated a favorable settlement with the Department of Labor on behalf of our client. We routinely represent or advise employers in IRS and Department of Labor audits and other controversies involving these agencies.
Representation of a 15,000 employee company before the Pension Benefit Guaranty Corporation, where we successfully obtained a substantial refund of premiums paid to that agency for the company's defined benefit pension plan.

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