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Executive Benefits & Compensation
Parr Waddoups assists clients with the design, implementation and modification of executive benefit plans including pension and profit sharing plans, 401(k) and other ERISA retirement plans, welfare benefit plans, stock option plans, restricted stock option plans, phantom equity and unit appreciative rights plans, and other executive compensation programs. Our lawyers also counsel clients with respect to executive benefit plan issues in mergers and acquisitions, and represent clients in governmental audits.
Representative employee benefits and executive compensation projects
- Assist clients in a variety of industries, including medical device, airline, consumer products and software, with the implementation or updating of equity-based, long-term incentive compensation plans (stock options, restricted stock, restricted stock units, etc.), and the administration of those plans, including preparation and filing of SEC Forms S-8, preparation of Section 10(a) prospectuses.
- Advise publicly-traded clients on the restructuring of option grant procedures.
- Assist clients with the design and implementation of phantom equity appreciation plans for key executives.
- Assist publicly-traded clients in connection with Department of Labor audits of 401(k) plans and IRS audits of executive compensation programs.
- Restat several 401(k) plans and submitted plans for updated IRS determination letters.
- Represent publicly-traded clients in connection with the design and preparation of compliant executive change in control agreements.
- Assist clients with the revision of nonqualified deferred compensation plans.
- Assist publicly-traded clients with the review of 401(k) plan investment procedures for compliance with ERISA Section 404(c) guidelines and implementation of automatic 401(k) plan enrollment.
- Represent clients in connection with disputes with plan record-keeper and transition to new record-keeper, including assistance with required ERISA and SEC blackout notices.
- Advise clients on Section 280G golden parachute payment tax treatment of stock option accelerations and option substitutions in connection with change in control transactions.
- Consult with clients regarding funding and tax issues related to Section 501(c)(9) trust.
- Represent clients in leveraged ESOP buy-outs of majority shareholders.
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