Bass, Berry & Sims' attorneys advise businesses of all sizes from start-up to international Fortune 500 companies on all facets of employee benefits programs. Additionally, our team counsels individual CEOs and boards on a wide range of executive compensation arrangements.
Employee Benefit Plans
We partner with public and private employers, benefits consultants and third-party administrators in the design, drafting, implementation, amendment, termination and administration of all types of employee benefit plans, including:
- Health, life, disability and other welfare benefit plans
- Cafeteria plans, including health and dependent care flexible spending accounts
- Voluntary employees' beneficiary associations (VEBAs)
- Health savings accounts (HSAs) and health reimbursement arrangements (HRAs)
- Wellness programs
- Tax-qualified retirement plans, including 401(k), 403(b) and 457 plans; profit sharing plans; and defined benefit pension plans
- Multi-employer plans and other collectively bargained plans
- Non-qualified deferred compensation plans, including Section 409A compliance
- Supplemental executive retirement plans
- Employee stock ownership plans (ESOPs), 401(k)-ESOP combinations (KSOPs) and other stock bonus plans
- Equity compensation plans, including employee stock purchase plans (ESPPs) and incentive stock option plans
- Severance and golden parachute agreements
- Multiple employer welfare arrangements (MEWAs)
ERISA Fiduciary Guidance
Heightened focus on ERISA fiduciaries by the U.S. Department of Labor and plaintiffs' attorneys has resulted in new regulations, expanded audits and increased litigation. We regularly advise fiduciaries with respect to their duties under ERISA and provide practical and innovative solutions for minimizing fiduciary risk. These services involve a comprehensive fiduciary compliance program that includes a self-audit process, fiduciary training, a documentation package that includes a tailored fiduciary committee charter and investment policy statement, and service provider RFP support.
Employer-Sponsored Health Plans
We guide employers through the changing landscape for employer-sponsored group health plans under the Patient Protection and Affordable Care Act (ACA). This includes the provision of information, training and tools that employers need to comply with the ACA. We also advise employers with respect to COBRA and the HIPAA privacy and security rules as they apply to employer-sponsored health plans.