Employee Retirement Income Security Act of 1974 (ERISA)

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 under ERISA.

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 ERISA governed benefits.

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. Our attorneys are well versed in welfare and pension claims litigations and matters of ERISA preemption. 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.

Administrative Representation

McMahon Berger has a long history of representing employers, plan administrators and fiduciaries before the Internal Revenue Service (IRS) and Department of Labor (DOL), Our attorney letters are experienced in obtaining pension determinate letters and resolving operation issues including plan document failures (including non-amender) and operation matters (including delinquent contributions and delinquent filing) through the IRS’ Employee Plans Compliance Resolution System (EPCRS) and the DOL’s Voluntary Fiduciary Correction Program (VFCP) and Delinquent Filer Voluntary Compliance Program (DFVCP).

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...