dcsimg Qualified Retirement Plans

Qualified Retirement Plans

Working with qualified retirement plans is a key component of the McGuireWoods employee benefits practice.  We regularly provide advice regarding 401(k) plans, profit sharing plans, employee stock ownership plans (ESOPs), cash balance and other defined benefit pension plans, 403(b) plans, 457 plans and other types of qualified retirement plans.  We help clients design, amend, administer, restructure, merge, spin-off and terminate such plans.  Our clients include plan sponsors (employers), plan administrators, trustees and other fiduciaries, investment managers, investment advisers and other plan service providers.

We routinely represent clients before the Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), the Pension Benefit Guaranty Corporation and other government agencies on qualified retirement plan matters.  We help clients obtain from these agencies determination letters, private letter rulings, opinions, exemptions and other individualized guidance.  We also help our clients favorably resolve audits, examinations and claims concerning our clients’ qualified retirement plans.  We assist clients in performing self-audits of their qualified retirement plans and help them to address potential errors through various agency-sponsored correction programs, such as the IRS’ Employee Plans Compliance Resolution System (EPCRS) and the DOL’s Voluntary Fiduciary Compliance and Delinquent Filer Voluntary Compliance programs.

We counsel clients on ERISA fiduciary considerations that relate to the administration of qualified retirement plans and the management of plan assets.  This includes advice regarding selection and monitoring of investment managers and other plan service providers, negotiation of investment and other plan service provider agreements, and compliance with participant disclosure requirements.

We work closely with other lawyers in our corporate, securities, and finance practices on transactional matters that involve qualified retirement plans.  For example, we negotiate matters affecting qualified retirement plans in mergers and acquisitions, and help clients integrate and dispose of plans following such transactions.  In addition, we work with lawyers in our Employee Benefits litigation group to develop strategies for avoiding litigation for our clients’ plans and for prevailing when litigation arises.

We also have expertise in a number of specialized qualified retirement plan matters , such as multiemployer pension plans, plan funding requirements, early retirement window programs and issues relating to downsizings and plan shut-downs.

CONTACTS

Jeffrey R. Capwell Partner T: +1 704 353 6256
Steven D. Kittrell Partner T: +1 202 857 1701
Results 1-13 of 13

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Global paper and packaging company

Defense of a global paper and packaging company in disability retirement benefit and pension benefit claims throughout the United States, including in North Carolina, South Carolina, Georgia, Alabama, Arkansas, Connecticut, Ohio, Pennsylvania, Oregon, Washington and Texas.
Representative Matter

Client actively acquiring and selling various subsidiaries and plants

Ongoing representation as to retirement plans of client actively acquiring and selling various subsidiaries and plants. We advise the client on the employee benefits issues that arise in these transactions, including negotiating the terms of the sale/purchase agreements and advising the client regarding the administration/legal considerations involved with transitioning employees into or out of the company’s benefit plans.
Representative Matter

Clients in in acquisition and sale transactions

Representation on employee benefits issues in acquisition and sale transactions, including due diligence, negotiating the terms of the sale/purchase agreements, and the administration/legal considerations involved with transition and post-closing operations.
Representative Matter

Fortune 100 company

Assisted with the restructuring of the investment portfolio of a Fortune 100 company’s defined benefit pension plan.
Representative Matter

Fortune 100 company

Representation of a Fortune 100 company in connection with a total outsourcing of retirement plan administration to a third-party provider.
Representative Matter

Fortune 100 company

Defended a Fortune 100 company against claims by former employees that it discriminated against them and interfered with their right to pension benefits when it sold one of its businesses to a firm that provided the workers with fewer benefits than it was previously providing to them.
Representative Matter

Fortune 500 company

Advice on the design and restructuring of several defined benefit pension plans and defined contribution plans for a Fortune 500 company.
Representative Matter

Large financial institution

Assisted a large financial institution with a restructuring of the investment portfolio in its pension plan, which involved an reallocation of more than $700 million of the plan's assets among a variety of new investment managers. McGuireWoods serves as regular outside counsel to the plan's fiduciary committees.
Representative Matter

Large manufacturer

Represented a large manufacturer in a class pension appeal against one of its unions.
Representative Matter

Large public company

Conducted audit of all retirement programs maintained by a large public company, including all documentation and communications. The scope included assessing whether the administration of the various programs was consistent with the plan documents and how to minimize the fiduciary exposure of the company and its employees.
Representative Matter

Liquidating trustee

Representation of liquidating trustee in connection with termination of seven Section 401(k) plans of affiliated bankrupt debtors.
Representative Matter

Major U.S. airline subsidiary

Obtain a private letter ruling from the IRS that saved a plan sponsor $20 million in additional pension costs.
Representative Matter

Private equity owned company

Representation of private equity owned company in redesign and cost control of retirement and retiree health plans as part of investor exit transaction.
Results 1-13 of 13
Jeffrey R Capwell Jeffrey R. Capwell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 353 6256
F: +1 704 373 8823
vCard
Robyn S. T. Carlson
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4353
F: +1 804 698 2234
vCard
Robert M Cipolla Robert M. Cipolla
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4713
F: +1 804 698 2109
vCard
Taylor Wedge French Taylor Wedge French
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8037
F: +1 704 373 8838
vCard
Larry R Goldstein Larry R. Goldstein
Senior Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8216
F: +1 312 920 3692
vCard
Cheryl O'Donnell Guth Cheryl O'Donnell Guth
Counsel
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4420
F: +1 410 659 4525
vCard
Sally Doubet King Sally Doubet King
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3684
F: +1 312 849 3050
vCard
Steven D Kittrell Steven D. Kittrell
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1701
F: +1 202 828 2975
vCard
James P McElligott Jr. James P. McElligott Jr.
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4329
F: +1 804 698 2111
vCard
Felicia L Mitchell Felicia L. Mitchell
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8995
F: +1 704 353 6193
vCard
Katie Rak Katie M. Rak
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8291
F: +1 312 920 6196
vCard
Maria Rasmussen Maria P. Rasmussen
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4334
F: +1 804 698 2212
vCard
Jessica S Sackin Jessica S. Sackin
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1712
F: +1 202 828 3334
vCard
Carolyn M Trenda Carolyn M. Trenda
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8130
F: +1 312 849 8131
vCard
G. William Tysse G. William Tysse
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1730
F: +1 202 828 2982
vCard
Robert Wynne Robert B. Wynne
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1868
F: +1 804 225 5343
vCard
Results 1-4 of 4
Speaking Engagement

Mass Withdrawal: A Looming Liability for Employers

September 9, 2014
Bloomberg BNA Webinar
Speaking Engagement

ERISA Successor and Affiliate Liability

Navigating Controlled Group and Successor Liability Rules for Defined Benefit Pension Plans

December 6, 2012
Strafford CLE Webinar/teleconference
Speaking Engagement

Impact of the 2012 Elections on Employee Benefits and Executive Compensation

November 13, 2012
Bloomberg BNA Webinar
Results 1-4 of 4
Results 1-14 of 14
Results 1-14 of 14