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ERISA

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Complying with the requirements of the Employee Retirement Income Security Act (ERISA) as it applies to the administration of employee pension and welfare benefit plans can be confusing. With an in-depth understanding of our client's priorities and concerns foremost in mind, Waller's ERISA team helps to demystify all aspects of this complex area of law, including:

  • Age, gender, and disability discrimination issues in plan design administration
  • Benefit claims and eligibility determinations
  • Breach of fiduciary duty claims related to self-dealing, conflict of interest, and prohibited transactions
  • Imprudent investment claims under ERISA and securities laws
  • National Labor Relations Board charges pertaining to collectively bargained benefits
  • Non-qualified deferred compensation issues
  • Plan reporting, disclosure, and notice requirements
  • Pre-emption of state law claims for fraud, breach of contract, and wrongful termination
  • Retaliation and interference with protected rights of plan participants and beneficiaries
  • Vesting, severance, and other claims arising out of mergers, acquisitions and terminations

Recognizing the importance of avoiding litigation altogether, Waller provides risk assessment services, as well as assistance with claims administration compliance. In addition, we have dealt extensively with governmental investigations of pension and welfare benefit claims, including investigations by the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation.

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