Employee Benefits

Allen J. Erreich

Partner
Tel:(212) 903-8769 | Email | V-Card

Judy M. Hensley

Partner
Tel:(212) 903-8737 | Email | V-Card

Morris L. Kramer

Partner
Tel:(212) 903-8783 | Email | V-Card

Norman J. Misher

Partner
Tel:(212) 903-8733 | Email | V-Card

Charles C. Shulman

Associate
Tel:(212) 903-8687 | Email | V-Card

Chase B. Steinlauf

Associate
Tel:212-903-8736 | Email | V-Card

An important part of our practice involves helping clients manage the constantly changing, increasingly complicated employee benefits area. We design and implement qualified plans of all types — pension, profit sharing, stock bonus and cash or deferred (Section 401(k)) plans. Representing clients before the IRS, the Department of Labor and the Pension Benefit Guaranty Corporation, we prepare submissions for tax qualification, counsel clients on compliance with frequent legislative and regulatory changes and advise on plan amendments, restatements and terminations. We work extensively with clients to identify and correct plan defects under the self-correction programs established by the IRS. As the IRS has escalated its activity in auditing the growing number of Section 401(k) plans, we have substantially increased our participation in resolving controversies that arise in IRS and Department of Labor audits.

Our clients include multinational enterprises in a wide variety of industries, from manufacturing, real estate, insurance and services to professional sports and hotel and casino operations. Plan sponsors and administrators look to us for guidance in discharging their administrative and fiduciary responsibilities under the Internal Revenue Code and ERISA. We counsel ERISA fiduciaries and IRA beneficiaries on the investment and management of plan assets to avoid application of the prohibited transaction rules, including securing exemptions from the Department of Labor. We advise investors on the establishment and operation of real estate and venture capital operating company (REOC and VCOC) entities and other investment funds to provide structures that conform to ERISA’s plan asset regulations. We also assist clients with “cafeteria plans,” VEBAs and welfare benefit plans.

We are often called upon to review employee benefit plan issues in connection with mergers and acquisitions, corporate reorganizations, leveraged stock and asset purchases and other restructurings. Through our active involvement in negotiating representations, warranties, covenants and indemnities, we are able to identify liabilities that may arise from the transaction and devise strategies to deal with them. Potential liabilities include underfunded pension plans, “withdrawals” from collectively bargained multi-employer pension plans, “vesting” of retiree medical benefits, payments to executives contingent upon a change in control and many others. We help acquiring companies integrate employee benefit and executive compensation arrangements into their own employee benefits structure, so as to avoid unnecessary expense and liability.

Benefits & Compensation Update: President Signs H.R. 1 (Tax Cuts and Jobs Act)

by David E. Kahen, Judy M. Hensley
Published: Benefits & Compensation Update, December 29, 2017
Download this File.

Stock Option Exercise Leading to Capital Loss: 'Hann v. United States'

by David E. Kahen
Published: New York Law Journal, December 21, 2017
Download this File.

IRS Issues Guidelines for Substantiating 401(k) Hardship Withdrawals

by Judy M. Hensley, Charles C. Shulman
Published: Benefits & Compensation Update, March 17, 2017
Download this File.

Employment Agreements

by Charles C. Shulman
Published: Tax Management Compensation Planning Journal, September 2, 2016
Download this File.

Benefits & Compensation Update

by Norman J. Misher, Allen J. Erreich, Judy M. Hensley, Charles C. Shulman, Chase B. Steinlauf
Published: Benefits & Compensation Update, April 22, 2016
Download this File.

Favorable Modifications to IRS Correction Program for 401(K) Deferral Errors

by Norman J. Misher, Allen J. Erreich, Charles C. Shulman, Judy M. Hensley, Chase B. Steinlauf
Published: R&H Letter to Clients and Friends, April 30, 2015
Download this File.

Income Classification Pitfalls for Executives of Startups

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 18, 2014
Download this File.

Stock Rights Under §457A: Revenue Ruling 2014-18

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 19, 2014
Download this File.

Employee Benefit Plan Compliance With The Recent DOMA Supreme Court Decision

by Norman J. Misher, Allen J. Erreich, Charles C. Shulman, Judy M. Hensley, Chase B. Steinlauf
Published: R&H Letter to Clients and Friends, December 10, 2013
Download this File.

Disqualification of Employee Trust: 'Yarish v. Commissioner'

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2012
Download this File.

The New Voluntary Disclosure: No, It's Not For Those Hidden Foreign Bank Accounts -- This Time It's For Employers Who Need to Reclassify Their Workers As Employees

by Norman J. Misher, Allen J. Erreich, Ellen Seiler Brody
Published: R&H Letter to Clients and Friends, October 19, 2011
Download this File.

More About Tax 'Substance': 'Hellweg v. Commissioner'

by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 16, 2011
Download this File.

Self-Directed IRAs -- A Trap for the Unwary

by Norman J. Misher, Allen J. Erreich
Published: R&H Letter to Clients and Friends, November 22, 2010
Download this File.

Caution: Health Care Reform Puts the Brakes on Employer-Sponsored Insured Health Plans

by Norman J. Misher, Allen J. Erreich
Published: R&H Letter to Clients and Friends, November 15, 2010
Download this File.

Roth Converstions Within 401(k) Plans

by Norman J. Misher, Allen J. Erreich
Published: R&H Letter to Clients and Friends, October 13, 2010
Download this File.

IRS 401(k) Questionnaire

by Norman J. Misher, Allen J. Erreich
Published: R&H Letter to Clients and Friends, June 16, 2010
Download this File.

Private Equity Fund Found Liable for Pension Obligation of Bankrupt Portfolio Company

by Norman J. Misher
Published: The Journal of Private Equity, January 01, 2009
Download this File.

Proposed Regulations Clarify Penalty Taxes on Income Inclusions

by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 18, 2008
Download this File.

New Legislation Penalizes Deferred Compensation from Certain Foreign Corporations and Partnerships

by David E. Kahen, Norman J. Misher
Published: R&H Letter to Clients and Friends, October 15, 2008
Download this File.

The Short-Term Deferral Rule Can Mitigate the Impact of Section 409A

Published: R&H Letter to Clients and Friends, June 11, 2008
Download this File.

Getting Up to Speed on the Final Regulations for Deferred Compensation

by Norman J. Misher, David E. Kahen
Published: The Tax Executive, June 01, 2007
Download this File.

Provisions of the Pension Protection Act of 2006 Affecting Individual Taxpayers

Published: R&H Letter to Clients and Friends, October 11, 2006
Download this File.

New Provision May Restrict Funding of Rabbi Trusts

by Norman J. Misher, David E. Kahen, Allen J. Erreich
Published: R&H Letter to Clients and Friends, September 21, 2006
Download this File.

Significant Changes to 'Plan Asset' Rules Under ERISA

by Allen J. Erreich
Published: R&H Letter to Clients and Friends, August 30, 2006
Download this File.

IRS Adopts New Determination Letter System for Qualified Retirement Plans

by Allen J. Erreich
Published: R&H Letter to Clients and Friends, March 20, 2006
Download this File.

Proposed Regulations on Deferred Compensation Under Section 409A

by Norman J. Misher, David E. Kahen
Published: R&H Letter to Clients and Friends, December 09, 2005
Download this File.

New Roth Contribution Option Under 401(k) Plans

by Allen J. Erreich
Published: R&H Letter to Clients and Friends, June 13, 2005
Download this File.

A Revolution in the World of Deferred Compensation

by Norman J. Misher, David E. Kahen
Published: The Tax Executive, November 15, 2004
Download this File.

Change in Treatment of Cash-Out Distributions -- Automatic Rollovers

by Allen J. Erreich
Published: R&H Letter to Clients and Friends, October 29, 2004
Download this File.

Integrating an Acquired Company's Retirement Plans Can Be a Can of Worms

by Norman J. Misher, Allen J. Erreich
Published: The Metropolitan Corporate Counsel, April 01, 2004
Download this File.

Employee Benefit Plans -- Alert: Timing of Deposit of 401(k) Deferrals

by Norman J. Misher
Published: R&H Letter to Clients and Friends, August 07, 2003
Download this File.

Proposed Legislation Focuses on Deferred Compensation of Executives

by Norman J. Misher, Allen J. Erreich
Published: The Metropolitan Corporate Counsel, July 01, 2003
Download this File.

Employee Benefits Plans -- Alert

by Norman J. Misher, Allen J. Erreich
Published: R & H Letter to Clients & Friends, December 30, 2002

New Tax Law Significantly Improves Benefits of 401(k) and Other Qualified Plans

by Norman J. Misher, Allen J. Erreich
Published: The Tax Executive, December 01, 2001

Pension Simplification Finally Arrives

by Norman J. Misher, Allen J. Erreich
Published: The Tax Executive, October 01, 1996