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Holm & O’Hara LLP’s experienced Employee Benefits Attorneys advise Taft-Hartley and public sector employee benefit funds, including Group Health Plans, Retirement and Pension Plans, Vacation Plans, and other Fringe Benefit Plans, on the complex issues that arise for employees, employers and the Trustees administering the plans. Effective employee benefit plans require close attention to design, implementation and management of the plan and the ever-changing legal and regulatory landscape. We work with the benefit plan’s accountants, auditors, actuaries, and other consultants to find solutions for complex issues and maintain compliance with applicable federal and state law. Our Employe Benefits Team is skilled in drafting plan document, ERISA compliance, guiding plans through DOL audits, implementing new laws such as the SECURE Act and SECURE 2.0 Act, and fulfilling reporting and disclosure requirements.

We Provide

Plan organization

  • Trust agreement and amendments
  • Plan documents and amendments
  • Summary Plan Descriptions (SPDs) and Summaries of Material Modification (SMMs)
  • Required participant notices

Representation

  • Arbitration
  • Federal and state courts
  • United States Department of Labor (DOL)
  • New York State Department of Labor
  • Internal Revenue Service (IRS)
  • Pension Benefit Guaranty Corporation (PBGC)

Legal strategy and advice

  • ERISA
  • Pension Protection Act (PPA)
  • Affordable Care Act (ACA)
  • COBRA
  • Fiduciary duties
  • DOL and IRS audits
  • Claims and appeals
  • Qualified Domestic Relations Orders (QDROs)
  • Review of service provider contracts
  • HIPAA/privacy issues
  • Required IRS and DOL filings (Form 5500 and Form 990)
  • Tax-exempt status under the IRS Employee Plans Compliance Resolution System (EPCRS)
  • Prohibited transactions
  • Collection of delinquent fringe benefit contributions
  • Withdrawal liability
  • Subrogation and reimbursement for self-insured health plans
  • Judgment enforcement
  • “Alter ego” entities
  • Plan termination

Our Clients

Taft-Hartley plans

  • Pensions (defined benefit plans)
  • Annuities (defined contribution plans)
  • Health and welfare
  • Vacation
  • Apprenticeship/training

Government plans

  • Municipal employees
  • Quasi-government agencies
Attorneys

Get in touch

Contact Us

Call the main office at
(212) 686-2280

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Send email inquiries to
info@hohlaw.com

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