Employee Benefits

Foster Swift's employee benefits practice offers a full range of tax, labor law and litigation services relating to employee benefit plans. We advise clients who are subject to the Employee Retirement Income Security Act (ERISA), as well as state and local governments and qualifying church organizations that are exempt from ERISA.

Our attorneys assist with the design and drafting of benefit plans and related employee disclosure materials. We also help employers ensure that their programs comply with changes in relevant law. We negotiate closing agreements and private letter rulings with the Internal Revenue Service (IRS) and work with employers regarding IRS and U.S. Department of Labor Audits. Our practice also includes advising clients regarding important corporate transactions that involve Employee Stock Ownership Plans (ESOPs), and prohibited transaction and other special legal problems.

Our team provides advice to employers regarding the corporate governance and fiduciary duty aspects of implementing and administering an employee benefit plan. We also advise clients regarding the growing area of international employee benefit planning. This work includes the taxation of employee benefit plans pursuant to tax treaties.

Our work covers all kinds of qualified retirement plans, including (1) 401(k), ESOP, 403(b) and other defined contribution plans, and (2) defined benefit plans (including cash balance plans). Foster Swift also has an extensive practice relating to nonqualified top hat plans, excess benefit plans, Internal Revenue Code Section 409A compliance, funded nonqualified deferred compensation and rabbi trust issues, and the securities law (SEC and blue sky) implications of nonqualified deferred compensation arrangements.

We have extensive experience with health plan compliance and documentation (including Affordable Care Act issues); funded welfare benefits; the creation of Voluntary Employees Beneficiary Association (VEBA) programs; cafeteria flex plan design and implementation; welfare benefit plan discrimination testing; COBRA compliance; Health Reimbursement Arrangement (HRA); Health Savings Account (HSA); dependent care assistance; transportation fringe; and other welfare benefit programs. We have also advised clients regarding the establishment of Revenue Credit Account (RCA) arrangements (ERISA expense accounts) and the related U.S. Department of Labor (DOL) guidance.

Foster Swift clients have been as varied as the challenges they’ve faced over the years. When it comes time to meet your own unique challenges, be comforted knowing that members of our Employee Benefits Practice Group are on your side, drawing upon our breadth of experience and skill to assist you.

Foster Swift has been named a Tier 1 firm in Employee Benefits (ERISA) Law in Lansing by U.S. News – Best Lawyers® "Best Law Firms" in 2014, 2016, 2017, 2018, 2019, 2020 and 2021.