Retirement Plans (Qualified and Non-Qualified)

Retirement Plan Legal Guidance

Employers have a number of retirement plan options available to employers, including 401(k) plans, profit sharing plans, 403(b) plans, 457 plans, cash balance plans and defined benefit (pension) plans. A tax qualified plan has advantages not only for the employee but for the employer as well. However, these plans are often subject to specific and stringent reporting and disclosure requirements set forth in the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code that necessitate consistent legal guidance and oversight.

While non-qualified deferred compensation plans may not be subject to many of the ERISA requirements, these increasingly popular retirement plan alternatives still fall under the umbrella of complex regulations imposed by Code Section 409A and other statutory and regulatory requirements. With respect to nonqualified deferred compensation plan design, implementation and administration, HBL provides knowledgeable legal guidance that is customized to meet the company and executives’ needs, within the context of the legal requirements applicable to such a plan.

HBL counsels companies to ensure that their retirement plans comply with expansive ERISA, Internal Revenue Code and other federal statutory requirements. HBL provides comprehensive legal guidance that helps companies navigate such complex legal obligations while achieving the best positions to defend against potential future claims. HBL provides a complete slate of retirement plan services and support including:

  • Drafting a plan, implementation, maintenance, amendments and terminations
  • Preparing remedial amendment cycle filings
  • Drafting plan correction filings under the IRS Employee Plan Compliance Resolution System (EPCRS)
  • Providing counsel with respect to retirement plan issues in mergers and acquisitions
  • Providing counsel for fiduciary correction issues
  • Assistance with Code Section 409A compliance for non-qualified deferred compensation plans (including supplemental executive retirement plans (SERPs), excess benefit plans, salary and bonus deferral arrangements, taxable expense reimbursement arrangements, change in control awards and retention agreements)
  • Drafting of summary plan descriptions, modifications and other required participant disclosures
  • Representation and assistance with DOL and IRS Audits, including mitigation or waiver of penalty assessments
  • Assistance with church plan status and related issues
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Anne Tyler is an excellent advisor with a true command of ERISA and Benefits law.  She is an effective communicator and a favorite of clients and colleagues.
Anson AsburyPrincipal |Asbury Law Firm
Anne Tyler is a true expert in her field, and I am honored to refer my clients to her. All that I have referred to her are always impressed with her knowledge, compassion, and ability to give her clients clarity and creative solutions. I highly recommend Anne Tyler to anyone who is looking for an employee benefits attorney; she knows how to get results.
Sara KhakiAttorney/Owner |The Khaki Law Firm LLC
My overall experience with Hall Benefits Law, LLC was very pleasing and the service received from Anne Tyler was exemplary in every way. I required technical research in a number of different areas and Anne Tyler performed them above expectation. She was knowledgeable, responsive, cogent, and accessible. I will be happy to recommend her for similar issues.
Samuel R. ChandOwner |Samuel R. Chand Consulting
Anne Tyler is an energetic and conscientious attorney with experience in compliance issues for ERISA and Benefits matters, having worked at some of the most prestigious law firms in the Southeast. She is also very personable, which is a great combination.
Nancy PridgenAttorney |Patel Burkhalter Law Group
Anne Tyler is great at interpreting the law. Her research and easy to understand documents are professional, organized, thorough and delivered in a timely manner. We appreciate her accessibility and willingness to offer suggestions and meet with our clients in person or via phone for meaningful discussions and getting answers quickly.
Andy WeyenbergVP of Operations |Resource Alliance
Hall Benefits Law, LLC assisted me with review, documentation, and a written opinion for a specific DOL situation. Anne Tyler is professional as well as personable, articulate, and knowledgeable on the subject for which I hired her. Working with someone who has personality and good communication skills is not necessarily a common attribute. Anne Tyler brings these attributes. The price for the work done, independent research as well as client presentation, was very fair and I would be happy to recommend Anne Tyler to any associate or colleague in need of her legal expertise.
H.W. YoungbloodPresident |Financial Network Associates, Inc.
Hall Benefits Law, LLC brings the unique qualities of availability and approachability, as well as thought provoking discussion that greatly assists us with our clients. Anne Tyler is always willing and available to bring her knowledge and expertise about health care law which eases any concerns about compliance. In a client meeting to discuss the Affordable Care Act, Anne Tyler’s unique way of presenting complex information in an easy to understand manner enabled the client to formulate an action plan. She is an absolute pleasure to work with.
Jeff KochDirector of Benefits & Marketing Communications |Resource Alliance