Our Expertise

At Brucker & Morra, we have extensive experience in advising clients, large and small, on the full range of legal matters arising from the broad spectrum of employee benefits issues. The main focus of our practice revolves around the following:

 

 

Profit Sharing Plans, 401(k) Plans, Money Purchase Pension Plans, 403(b) and 457 Plans

Brucker & Morra offers a flexible volume submitter 401(k) and profit sharing plans as well as individually designed qualified retirement plans such as money purchase pension plans, 403(b) plans and 457 plans.

We counsel clients on the termination of employee benefits plans, particularly terminations likely to result in a controversy, such as plans with excess assets, insufficient assets or problem investments. In these cases, we negotiate with the government for a termination on the best possible terms.

When questions arise regarding the plan operations and employee and fiduciary claims, we provide the intelligent and practical solutions that maximize results and minimize liabilities. We can assure our clients that their plans will be maintained and updated as employee benefits laws change. Business client communications are held in strictest confidence.

Back to top

Employee Stock Ownership Plans

Brucker & Morra provides advice on the legal aspects related to the design and implementation of ESOPs — employee stock ownership plans. We appreciate the intricacies of employee stock ownership issues and the requirements of fiduciary responsibility in the implementation and maintenance of ESOPs, and advise our clients accordingly.

We provide a full range of services to multi-size clients nationwide including:

  • Documentation of new and amended ESOPs and related agreements
  • Coordinating ESOPs with other benefit plans
  • Advice to ESOP trustees
  • Advising on implications of merger and acquisition activity, initial public offerings, restructurings, and ownership

Back to top

Defined Benefit Pension Plans and Cash Balance Plans

The law surrounding defined benefit plans is very complex and non-compliance can result in significant liability. Congress has repeatedly changed the playing field for these plans, most recently in the Pension Protection Act. We are extremely well-versed in the design, operation, and fiduciary issues related to defined benefit plans.

We assist clients in the design and implementation of plan features constructed not only to reduce plan costs and future liabilities, but also to comply with new legislative and regulatory requirements, including the Pension Protection Act.

We assist clients in addressing defined benefit plan matters associated with mergers, acquisitions, divestitures, and other corporation transactions. This work also includes plan terminations, spin-offs, and mergers.

Our attorneys assist clients in the design and implementation of participant communication programs for changes to their defined benefit plans, helping to ensure successful plan execution and administration.
 
Back to top

Mergers and Acquisitions, Due Diligence Review

Corporate mergers and acquisitions can create complex employee benefits issues. With our familiarity of clients’ plan provisions and operations, we have command of both the practical and the technical issues related to transactions. We also are sensitive to the practical complications that can arise following the closing of a merger or acquisition.
We have years of experience at performing due diligence in mergers and acquisitions and provide the following services:

  • Developing an employee benefits strategy at the beginning of a decision to acquire or merge
  • Negotiating the employee benefits provisions of the deal
  • Advising on due diligence issues
  • Handling post-closing matters (for the acquiring company) such as managing the acquired plans (compliance, changes in plan provisions and amending plans for benefits uniformity), employee communications, and preparing Internal Revenue Service and Department of Labor filings.

Should our due diligence discover plan compliance issues, we will negotiate holdbacks or escrows, and develop creative solutions, including the use of IRS and DOL correction programs.
 

Back to top

Health and Welfare Benefit Plans, COBRA and HIPAA Compliance

We are experienced in helping clients understand and implement the laws and regulations that govern health, welfare, and fringe benefit plans, including the following:

  • Internal Revenue Code
  • ERISA
  • COBRA
  • Portability, privacy, EDI and security provisions of HIPAA

We have significant experience in advising our clients on the following:

  • Group health plans, including health reimbursement arrangements
  • Health Savings Accounts
  • Section 125 cafeteria plans, including Health Flexible Spending Account Plans and Dependent Care Assistance Plans
  • Short-term and long-term disability plans including California Voluntary Disability Plans
  • Group life and accident insurance plans
  • Long-term care insurance plans
  • Educational assistance plans
  • Severance plans
  • Voluntary Employee Benefit Associations (VEBAs)

We are available to design and restate plans, draft summary plan descriptions, trust agreements, and to prepare and review employee communications.
 
Back to top

Creditor Protection in Bankruptcy

We counsel clients who have filed for bankruptcy protection or who have creditor protection concerns, providing advice about their legal protection under ERISA and California law. We advise clients on planning to assure that their retirement benefits and plans are protected against creditor attacks.
We act as counsel to clients who are trustees in bankruptcy, advising them and their counsel on their ERISA fiduciary responsibilities to protect and deliver participant benefits and to maintain the integrity of the plan.                            
 
Back to top

IRS Employee Plan Compliance Resolution System (EPCRS) and DOL Delinquent Filer Voluntary Compliance Program (DFVCP)

We excel at 401(k) profit sharing and pension plan document and/or administrative or operation violations. Our vast experience in government practice, coupled with our years of experience, enable us to fashion and advocate for creative solutions before the IRS and DOL.

The Internal Revenue Service and the Department of Labor offer various compliance correction programs to help plan sponsors avoid significant penalties for non-compliance. Brucker & Morra has prepared numerous correction program submissions and we often must negotiate any applicable penalty or correction methodology with the IRS or DOL. This experience gives us a unique understanding of the correction process.

The various correction programs include:

  • The Employee Plans Compliance Resolution System (EPCRS). This IRS program allows most retirement plan sponsors to correct certain operational and plan document failures.
  • The Voluntary Fiduciary Correction Program (VFC). This DOL program allows a plan fiduciary who has breached his or her fiduciary duty to correct certain breaches and avoid substantial penalties.
  • The Delinquent Filer Voluntary Compliance Program (DFVC). This DOL program allows plan sponsors to submit delinquent required annual reports on Form 5500 for substantially reduced fees (when compared to the potential penalties for late filing).

 
Back to top

Benefits Divisions, Counseling and QDROs

Brucker & Morra counsels clients and their family lawyers involved in divorce and separation on employee benefits that may be community property. We are skilled in giving advice on the relationship between community property law and federal employee benefits law.

We draft or review provisions of the judgment or marital settlement agreement and qualified domestic relations orders (QDRO). In this area, we can provide expert testimony to bolster our clients’ positions on the division of employee benefits.

At Brucker & Morra, we counsel clients and their lawyers considering property and retirement benefit protection prior to and during marriages. We are experienced at drafting the proper provisions to include in pre-nuptial and post-nuptial agreements that protect retirement plan benefits earned prior to and after marriage.
 
Back to top

Nonqualified Deferred Compensation Arrangements

Brucker & Morra provides advice on a full range of issues, including non-qualified deferred compensation arrangements and top-hat plans. We can help clients implement and operate deferred compensation plans that are not tax-qualified, but which meet the comprehensive requirements imposed upon deferred compensation by Section 409A of the Internal Revenue Code. 

These plans are generally of two types:

  • Excess Benefit Plans that provide unfunded retirement benefits for highly compensated employees who are constrained by the maximum dollar contribution limitations that may be imposed under tax-qualified plans.
  • Top Hat Plans, which may provide unfunded, deferred compensation retirement benefits to a select group of management and highly compensated employees.

We create such plans as limited benefit programs or as part of executive contractual arrangements, and coordinate them with the client’s tax-qualified retirement plans.
 
Back to top

Fiduciary Advice for Businesses, Trustees and Investment Managers

Plan fiduciaries — trustees, plan administrators, benefit and investment committees and company officers and directors — are governed by strict and complex ERISA rules and Department of Labor regulations. We help our clients administer proper corporate and plan governance as well as comply with the fiduciary requirements for plan investments and administration.

We advise on legal issues related to:

  • Compliance with ERISA fiduciary duties
  • Compliance with ERISA reporting and disclosure requirements
  • Investment of plan assets
  • Selection of investments for self-directed plans
  • Prohibited transactions
  • Use of plan assets to pay plan expenses
  • Selection and monitoring of service providers, such as trustees, record keepers, investment consultants and investment managers
  • Negotiation and preparation of agreements with service providers
  • Fiduciary audits

Our objectives are to help our clients fulfill their fiduciary responsibilities, serve their employees well and avoid litigation and other claims. As a law firm focusing exclusively on employee benefits, we bring our extensive experience in ERISA compliance and ERISA litigation to every consulting situation.

Our clients in the area of fiduciary consulting include:

  • Employers
  • Plan sponsors
  • Plan trustees and other fiduciaries
  • Investment professionals such as consultants and investment managers

 

Back to top