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ERISA

For the past 40 years Foster, Swift, Collins & Smith, P.C. has had a very active and dynamic ERISA practice which is highlighted below. 

We are responsible for the design and ongoing compliance matters for approximately 400 qualified plans including approximately 370 defined contribution and 30 defined benefit plans.  The vast majority of the defined contribution plans are governed by Code Section 401(k). The plans range from small plans (under 100 participants) to plans covering thousands of employees. Some of the plans are collectively bargained, others are non-union plans, and some plans cover both union and non-union employees.

Many of our qualified plan clients also look to Foster Swift to design and draft non-qualified executive deferred compensation arrangements, bonus programs,  severance benefit plans and welfare benefit plans, including VEBAs, reimbursement plans, retiree health plans and health plans for active employees. We also address COBRA issues and cafeteria plan issues.

We represent hundreds of employers regarding ERISA matters.  Examples include:

  • We provide employee benefits advice and related tax advice to a large insurance company that has operations in many states.  Our work includes 401(k) and 409A plans covering many thousands of individuals, as well as welfare benefits work.
  • We provide employee benefits and related tax advice to a large public institution of higher education.  Our work includes multiple defined contribution plans and 409A plans covering more than 15,000 individuals, as well as welfare benefits work.
  • We provide employee benefits and related tax advice to a large healthcare system.  Our work includes defined benefit and defined contribution plans covering many thousands of individuals, as well as welfare benefits work.
  • We represent employers in contested matters involving ERISA.

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