Law Firms

ERISA Law – We Make It Easier

Attorneys can appreciate the value of knowledge, familiarity and experience in a particular area of the law. We work with law firms who do not specialize in ERISA law and have a healthy respect for the complexity of ERISA work. We work with you in whatever way is best for the way you do business. Some firms simply refer clients to us, others prefer to partner on cases. Either way, law firms are comfortable with us because we do not practice in any other area of the law.  We add a unique mix of legal, actuarial, and plan administration experience that could only be gained by working in the qualified plan arena for more than 25 years. 

We bring the benefits of our experience and focus to: 

• Qualified domestic relations orders (QDROs), both drafting QDROs related to a divorce and reviewing QDROs for employers
• Benefit disputes between participants and employers
• Division of nonqualified retirement benefits

QDROs. In drafting a QDRO, it is important that the order be clear and unambiguous to avoid subsequent benefit disputes, potential malpractice claims or litigation costs for the employer to determine its obligations.  Ideally, the drafting attorney understands actuarial applications and has in-depth understanding of qualified plan rules. This is vital protection in case the plan administrator provides flawed model language or improperly applies plan provisions. Potential problem areas we watch for include: 

• Addressing actuarial reductions in defined benefit plans
• Properly stating the right to preretirement survivor benefits
• Understanding the impact of plan loans
• Protecting alternate payees’ rights with respect to the form/timing of payments
• Understanding issues related to civil unions
• Convincing employers that QDROs apply to their plans
• Splitting Roth 401(k)s and Health Savings Accounts (HSAs) 

Benefit Disputes. Benefit disputes may result from poorly drafted QDROs or simply because an employer does not understand or properly implement plan provisions. We aim to proactively prevent disputes with knowledgeable plan reviews. Called upon after the fact, we use our experience to settle disputes cost-effectively and quickly. Potential disputes may include: 

• Entitlement to death benefits
• Actuarial reduction on early payments
• Calculation of benefits where the benefit is reduced for Social Security payments
• Spousal consent to elect form of benefit payments (not required if legally separated and court order to that effect)
• Taxation, distribution and rollover rules 

Nonqualified Retirement Benefits.  We address issues that may arise with the division of nonqualified retirement plan benefits, including payment and taxation of benefits, potential that benefits will not be paid, and the right of a former spouse to claim a benefit.