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Tax-Qualified Pension, Savings, Profit Sharing & 401(k) Plans

Miles & Stockbridge works with large and small private-sector employers to ensure that the tax-qualified pension, profit-sharing and 401(k) plans they implement are properly documented and in full compliance with all IRS and other legal requirements. We have a working familiarity with all types of defined benefit and defined contribution plans, including traditional pension plans, profit sharing plans, 401(k) plans, money-purchase pension plans, cash balance plans and ESOPs. Because of our extensive experience with them, we are able to advise on even the most innovative and complex plans, providing proactive counsel to help clients avoid administrative errors that could disqualify the plans under IRS rules.

Our lawyers cooperate closely with our clients' in-house benefits staff, as well as with any external plan designers and administrators. With our extensive knowledge of tax laws, we can help them identify strategies for meeting the retirement needs of business owners and executives, while identifying ways to contain overall plan costs. When necessary, our advice on compliance and fiduciary issues includes representation before the IRS, Department of Labor and other government agencies involving plan audits and fiduciary investigations.

The full range of tax-qualified plan issues on which we advise clients includes:

  • Plan design and administration errors that can result in costly administration difficulties and compliance disputes
  • Creative strategies to provide higher coverage and retirement benefits to business owners and key executives
  • Plan documents, summary plan descriptions and employee benefit communications and training materials
  • Management of controlled group and affiliated service group issues
  • Matters arising in mergers and acquisitions
  • Design of claim-processing operations
  • Procedures to ensure compliance with fiduciary standards
  • Response to audits, investigations and enforcement actions by the IRS, Department of Labor and other regulators.