foley foley pc

The Firm Profile

Retirement Plan Design and Compliance: 401(k),403(b),457, Pension and Profit Sharing

Companies establish and maintain retirement programs in order to provide competitive benefits and assist in recruiting and retaining talented employees. There are many options available in designing a program to suit an employer’s business goals and budget. In addition, there are fairly complex rules that a retirement program must meet to comply with ERISA’s tax and labor laws. We can assist in all phases of retirement plan design, establishment, and maintenance.

Our Services Include:

Plan Compliance

Are your plan documents, participant disclosure materials and operational practices in compliance or are they ticking time bombs? Are IRS and DOL filings complete and up to date? Do you have an ERISA fiduciary infrastructure: a duly appointed Plan Committee with a charter, an investment policy, and a claims review process?

We can review your plan’s documentation and operation and identify areas that need attention. We will help you correct plan defects and eliminate the compliance risk.

Plan Design

We can help you understand the range of choices available and assist you in maintaining a plan that meets your business objectives and budget.

IRS and DOL Audit Support

If you get one of these audit requests, we can guide you through the regulatory audit process.

Due Diligence Review and Controlled Group Assessment

Is your company buying or merging with another? We can perform due diligence needed to ensure that you are not surprised by hidden plan defects or complex controlled group rules.

Employee Communications and Meetings

Do your employees understand and fully appreciate your retirement program? Do you have HR staff that need to be quickly brought up to speed on new retirement program developments?

We can help you execute a communication plan that enhances the value of your program. We can do staff training in retirement plan issues and administration.

Plan Termination and Asset Liquidation Assistance

The plan termination and partial termination process is highly regulated. We can work with you and your service providers to make sure you meet these requirements.

On-Call Technical Assistance

Technical and practical questions pop up all the time and you would like to just pick up the phone and ask the expert. We can be at the other end of the line to field those questions so you and your staff can concentrate on doing business.