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Employee Benefits and ERISA


Nutter has over 40 years of experience in Employee Benefits law, forming a deep base of knowledge and expertise in all employment matters. Our attorneys help design and implement benefit programs efficiently and cost-effectively for a broad spectrum of clients in the operation of tax-qualified and non-qualified retirement and deferred compensation plans for employees and executives.

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Our Practice

Our representation also includes all aspects of continuing compliance with both the federal tax code and ERISA, as well as other applicable federal and state laws affecting compensation and employee benefit arrangements including the Pension Protection Act, the Affordable Care Act, the Massachusetts Health Mandate and COBRA. Representative services provided by members of the practice group responsible for ERISA and employee benefit matters include:

  • Representation of plan sponsors, administrators and fiduciaries in audit and other proceedings before government agencies, such as the U.S. Department of Labor, Internal Revenue Service and the Pension Benefit Guaranty Corporation;
  • Advice regarding maintenance of tax-qualified status of 401(a), 401(k), 403(b), 457 and other individual account plans (including traditional and Roth IRAs), defined contribution plans and defined benefit pension plans;
  • Counseling regarding fiduciary rules of conduct and the development of “best practices” for fiduciary decision making;
  • Developing and implementing internal audit and self-correction procedures for operational failures, including failures that could adversely affect a plan’s tax qualified status;
  • Providing advice regarding the application of the prohibited transaction rules of ERISA and the federal tax code to conduct contemplated or undertaken by fiduciaries and other parties-in-interest;
  • Drafting employee communications regarding employee benefits;
  • Assisting clients on non-pension matters, including insured and self-insured group health plans, cafeteria/Section 125 plans, flexible spending arrangements, health savings accounts, health reimbursement accounts, long-term care arrangements and severance plans.

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Representative Matters

Representative Matters

  • CIRCOR International, Inc.

    Acquisition of Critical Flow Solutions
    $210 million

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