Employee Benefits

McMahon Berger’s attorneys include employee benefits experts, who specialize in helping employers, management, human resources professionals, executives, trustees and third party administrators understand their legal rights, responsibilities and obligations regarding pension and welfare benefit plans.

Advising Clients

McMahon Berger’s attorneys work with plan sponsors, fiduciaries, consultants, and other service providers to design, implement, and administer employee benefit programs and executive and employee compensation arrangements. Our attorneys draft, amend, merge, and terminate all types of benefit plans including pension plans (403(b), 457, 401(k), profit sharing and defined benefit pension plans) and welfare plans (health and medical insurance, severance plans and bonus plans). Our attorneys advise clients concerning operational and compliance issues, including tax effects and reporting and disclosure. Our attorneys assist employers and plan administrators in preparing materials to communicate with employees regarding benefit plans.

Training Employers

McMahon Berger’s long history in representing employers and management in the areas of labor and employment law has created a wealth of knowledge that allows them to offer clients training, seminars, legal updates and other resources to ensure that they are kept up to date on recent legislation, regulatory activity, and court decisions impacting employee benefits. The attorneys of McMahon Berger train clients and their human resources personnel regarding benefit plan governance and administration as well as HIPAA privacy and security.

Defending Claims

McMahon Berger has an outstanding record in obtaining excellent results for clients in litigation, whether it be in court, before the IRS and DOL, or in arbitration. We give our clients pragmatic approaches to solving problems before litigation happens, and then make sure that clients are fully prepared for the challenges awaiting them during litigation. The attorneys of McMahon Berger represent employers in multiemployer plan litigation and grievance arbitration regarding the employer’s obligation to contribute and contribution deficiencies as well as arbitration and litigation resulting from the imposition of withdrawal liability under MPPAA. More than ever, clients need cost-effective and efficient service from their attorneys, and McMahon Berger’s central location and approach to doing business puts its attorneys in a position to deliver that kind of service every day.

The attorneys of McMahon Berger are experienced in numerous employee benefits matters, including:

Qualified Plans. McMahon Berger attorneys have significant experience with all aspects of qualified pension, profit sharing, and stock bonus plans. This includes work with master/prototype plans, ESOPs, 401(k) plans, and defined benefit plans.

Executive Compensation. McMahon Berger advises clients in the area of executive and incentive compensation, including stock options, restricted stock, stock appreciation rights (SARs), bonus arrangements, phantom stock and units, performance plans, supplemental executive retirement plans (SERPs), top-hat plans, and other deferred compensation programs. Our attorneys have broad experience with mechanisms used to secure executive compensation plans, including rabbi and secular trusts and insurance-related funding.

Welfare Benefits. The attorneys of McMahon Berger regularly assist clients in matters relating to all types of welfare benefit and insurance arrangements with respect to active and retired employees, including health, life, accident, and disability plans, welfare benefit trusts, severance plans and cafeteria plans. Our attorneys assist clients with HIPAA compliance for their group health plans.

Fiduciary Responsibility. Our attorneys represent and advise clients regarding fiduciary responsibility requirements under ERISA and the prohibited transaction rules under ERISA and the Code. Our clients include plan administrators, plan sponsors, service providers and single employer and multiemployer (Taft-Hartley) plan trustees

Exempt Organizations. McMahon Berger’s attorneys assist in employee benefit issues of such tax-exempt organizations as charities, foundations, hospitals, and governmental bodies. Our attorneys work with a wide variety of governmental plans, church plans, 457 plans, and tax-sheltered annuity (403(b)) programs.

Collective Bargaining. The attorneys of McMahon Berger advise employers regarding multi-employer plans and to all other types of Taft-Hartley plans. We have significant experience in multiemployer (union) plan withdrawal liability matters, in the administrative stage and throughout the arbitration process.

Employment Relationships. McMahon Berger attorneys prepare plans, employment contracts, and independent contractor agreements that incorporate all types of current and deferred compensation, severance benefits including change of control arrangements, golden parachute tax issues, perquisites, and fringe benefits.

Other Practice Areas

Employment Law

Employment Law

For over half a century, McMahon Berger’s attorneys have exclusively represented and counseled management in the area of employment law....

Labor Law

Labor Law

For over half a century, McMahon Berger has represented employers in all facets of labor law. Our attorneys have represented...