Wang Kobayashi Austin, LLC aids employers in the design, drafting and administration of retirement plans, including 401(k) plans, 403(b) plans, profit sharing plans, defined benefit pension plans, money purchase pension plans, cash balance plans, and ESOPs.
We counsel clients on all aspects of legal compliance and the best practices for managing the administration of retirement plans.
The attorneys of Wang Kobayashi Austin have a wealth of experience with the issues affecting retirement plans. Our services include:
- Establishing, Maintaining, and Terminating Plans. We assist with the preparation and review of plan and trust documents, including amendments for design changes and compliance with applicable laws and regulations.
- Plan Administration and Compliance. We counsel clients on day-to-day plan administration and compliance issues. We conduct legal reviews of retirement plans to ensure compliance with applicable laws. We provide guidance on the best practices. We also represent employers in government audits.
- Disclosure Obligations. We prepare and review summary plan descriptions and summaries of material modifications, safe harbor plan notices, blackout notices, QDIA notices, and other participant communications.
- Fiduciary Obligations. We help clients establish qualified plan administrative, fiduciary, and investment committees. We also provide training to plan fiduciaries on their fiduciary obligations under ERISA.
- Plan Corrections. We advise clients on the various correction methods available to address compliance issues. We can help you correct plan documents, as well as operational and reporting errors, and prepare submissions under the IRS and DOL correction programs.
- Reporting Issues. We prepare submissions under the DOL's Delinquent Filer Voluntary Compliance Program, for late and non-filed Form 5500 annual reports, and any related filings or disclosures, including Form 5330 excise tax filings.
- Plan Testing Requirements. We counsel clients on the requirements related to coverage testing, ADP/ACP testing, and QSLOB rules. We perform controlled group and affilated service group analyses.
- IRS Determination Letter Applications. We will guide you through the entire determination letter process, from drafting plan restatements to preparing the application and responding to requests from the Internal Revenue Service, to help you obtain a favorable determination for your plan.
- Trainings. We provide trainings for plan sponsors on a variety of topics, including fiduciary obligations under ERISA and claims review and appeal processes.
- Service Provider Agreements. We review and negotiate service provider agreements, including recordkeeping, trusteeship, investment advisory, investment management, and third-party administration agreements.
- QDROs. We review domestic relations orders to confirm their qualified status. We also prepare the QDRO procedures that are required for qualified plans.
- Corporate Transactions. We navigate clients through the employee benefit plan considerations that arise in connection with corporate transactions. For more information, click here.