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Employee Benefits

Davis Graham & Stubbs LLP employee benefits attorneys counsel clients about the best benefit practices for their organizations and provide expertise in all aspects of employee benefits law. In addition, our employee benefits attorneys continue to analyze local, state, and federal legislation and advise our many governmental clients regarding such legislation on an ongoing basis. The following is a description of the vast experience that we bring to our clients:

  • Provide practical advice regarding violations of the Internal Revenue Code and appropriate methods to correct these violations under the IRS Employee Plans Compliance Resolution System.
  • Handle IRS audits and negotiate closing agreements.
  • Perform comprehensive compliance audits and reviews.
  • Submit to, negotiate with, and obtain from the IRS numerous determination letters (where applicable) and private letter rulings.
  • Provide advice in connection with mergers, acquisitions, spin-offs, layoffs, and plant closings, including plan termination and withdrawal liability issues under ERISA Title IV and experience with the Pension Benefit Guaranty Corporation (PBGC).
  • Provide advice and coordinate with plan service providers regarding de-risking strategies for pension plans, including lump-sum payments and annuity purchases, consistent with settlor and fiduciary duties.
  • Provide employee benefits counsel to U.S. domestic companies that are wholly owned by or in a controlled group that includes foreign entities.
  • Consult with plan administrators on administration and plan interpretation issues.
  • Monitor state and federal legislation and advise clients of the impact of such legislation on their benefit plans.
  • Draft legislation to be incorporated into state statutes and local ordinances.
  • Design and draft money purchase pension plans, including 414(h) pick-up plans, 403(b) tax-sheltered annuity plans, defined benefit pension plans, including 414(h) pick-up plans, Deferred Retirement Option Plans (DROP Plans), 457 and other deferred compensation plans.
  • Have extensive experience with public sector plans, including experience with many city and county plans and statewide systems.
  • Regularly advise Boards of Commissioners, Boards of Education, Retirement Boards, and Boards of Trustees.
  • Regularly coordinate with city attorneys, county attorneys, and assistant attorneys general regarding public sector plan issues.
  • Provide guidance on domestic relations orders, including preparation of numerous model domestic relations orders for complex retirement plans.
  • Design and draft 125 cafeteria plans, self-funded medical plans, employee benefits wrap documents, severance plans, fringe benefit plans and other health and welfare plans.
  • Design and draft retiree health savings plans (and integral part trusts), 401(h) accounts, and Voluntary Employee Beneficiary Associations.
  • Provide advice regarding fiduciary liability, reporting and disclosure, distribution issues, and excise taxes.
  • Provide advice regarding the Uniformed Services Employment and Reemployment Rights Act.
  • Provide litigation defense on matters involving pension and welfare plans and fiduciary duty issues.
  • Provide advice regarding Consolidated Omnibus Budget Reconciliation Act, Family and Medical Leave Act, Health Insurance Portability and Accountability Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Worker Adjustment and Retraining Notification Act, Affordable Care Act, SECURE Act, SECURE 2.0 Act, and numerous other federal and state laws affecting employee benefit plans.
  • Provide assistance with vendor selection process and negotiation of vendor contracts.
  • Negotiate legal documents pertaining to investments, such as securities lending agreements, limited liability partnerships, separate accounts, offshore trusts, etc.

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News & Events

DGS Ranks Among 2023 Best Law Firms

Davis Graham & Stubbs LLP was named among the 2023 U.S. News โ€“ Best Lawyersยฎ โ€œBest Law Firmsโ€ by publisher...

DGS Ranks Among 2022ย Best Law Firms

Davis Graham & Stubbs LLP was named among the 2022 โ€œBest Law Firmsโ€ by publisher Woodward/White, Inc. in the latest...

Denver Area Attorneys Shortlisted for Chambers Diversity Awards

DENVER - May 31, 2016 - Davis Graham & Stubbs LLP partner Kenzo Kawanabe and Xcel Energy assistant general counsel...

Chambers USA Ranks DGS at the Top for Corporate/M&A and Natural Resources & Environment Practices

DENVER - May 27, 2016 - The 2016 edition of the Chambers USA ranked Davis Graham & Stubbs LLP first...

Chambers USA Ranks DGS Among Top Corporate/M&A and Natural Resources & Environment Practices

DENVER - May 19, 2015 - The 2015 edition of the Chambers USA ranked Davis Graham & Stubbs LLP first...

Affordable Care Act Update: Employer Options Under the Colorado Health Benefit Exchange

Please join us for this seminar on the Affordable Care Act. We are fortunate to have Lindy Hinman from the...