Employee Benefits & Executive Compensation

Employee Benefits & Executive Compensation

Ruder Ware attorneys assist businesses of all sizes in complying with the requirements of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code.

Our attorneys work with clients in connection with the design, implementation, and administration of various types of employee benefit programs, such as defined benefit plans, profit sharing plans, 401(k) and 403(b) plans, employee stock ownership plans (ESOPs), employee stock purchase plans, executive compensation plans, group health plans, and cafeteria plans. Our clients range in size from small family owned businesses to large, publicly held corporations. Our services include:

  • Drafting benefit plan and trust documents to meet both the client’s specific plan design needs and the requirements of ERISA and the Internal Revenue Code
  • Providing guidance on matters such as the deductibility of contributions to and the taxation of distributions from tax-qualified retirement plans
  • Advising on employee communication matters for tax-qualified retirement plans, welfare plans (including group health, life, and disability programs), and fringe benefit plans (such as cafeteria plans, flexible spending accounts, and qualified transportation fringe benefit plans)
  • Analyzing and addressing retirement plan, welfare plan, and executive compensation plan issues that arise in connection with corporate mergers, acquisitions, and dispositions
  • Representing clients and their plans before the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation; obtaining determinations from those regulatory agencies; and assisting with the many interpretive questions that inevitably arise in the course of employee benefit plan administration
  • Assisting clients with correcting employee benefit plan deficiencies through the Internal Revenue Service and Department of Labor voluntary compliance programs
  • Analyzing withdrawal liability issues and negotiating withdrawal liability assessments arising in connection with participation in multi-employer pension plans on behalf of both private and public employers
  • Advising clients with respect to all aspects of implementing and administering group health plans, including compliance with applicable state and federal laws affecting group health plans such as ERISA, COBRA, and HIPAA
  • Designing and implementing nonqualified deferred compensation arrangements, nonqualified and incentive stock option plans, stock purchase plans, severance arrangements, life and disability insurance programs, split-dollar arrangements, rabbi trusts, and other types of benefits for both executives and other employees
  • Working on executive compensation and employee benefits issues that arise in connection with mergers and acquisitions and private equity transactions
  • Working with chief executive officers and other senior executives in negotiating employment, severance, and change-of-control arrangements with their current and successor employers
  • Advising employee benefit plan administrators and plan sponsors regarding ERISA fiduciary responsibilities.

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services through its offices in Wausau, Eau Claire, and Green Bay, Wisconsin.  A full-service law firm, over 40 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

BREAKING NEWS-CDC Now Recommends Masking Indoors for Certain Areas of Country and DOJ Clears Way for Employers to Mandate the Vaccine

Posted on July 28, 2021 by

Yesterday the CDC issued new guidance recommending Americans to “wear a mask indoors in public if you are in an area of substantial or high transmission.” The site includes a link so individuals can search their particular county to find out if transmission is low, moderate, substantial, or high.  As of the date of this […]

EEOC Issues Long-Awaited LGBTQ+ Guidance for Employers

Posted on June 23, 2021 by

It was about this time last summer when the U.S. Supreme Court extended Title VII protections to prohibit employment discrimination on the basis of sexual orientation and transgender status. Now the federal agency tasked with enforcing these new protections has clarified just what the new protections mean for employers. The U.S. Equal Employment Opportunity Commission […]

Employers Don’t Have to Record Adverse Vaccine Reactions on Their OSHA Logs

Posted on May 26, 2021 by and

OSHA has changed course and is now advising employers they do not need to record employees’ adverse reactions to COVID-19 vaccines on their OSHA logs.  A month ago, OSHA’s position was adverse vaccine reactions had to be recorded as illnesses if an employer required its employees to be vaccinated.  The new guidance now relieves employers […]

To Mask or Not to Mask? For Employers That is the Question!

Posted on May 15, 2021 by , and

Unless you have been in a cave, you are aware that on May 13, 2021, the Centers for Disease Control and Prevention (CDC) announced that individuals who have been fully vaccinated for COVID-19 no longer need to wear a face covering in many settings. (CDC Guidance) Many of you shouted “HOORAY!” when you heard this […]

2022 HSA Limits Are Announced

Posted on May 11, 2021 by

Yesterday, the IRS announced the Health Savings Account limits for 2022.  With respect to contribution limits, the limits are slightly higher than the ones for 2021.  As a reminder, these inflation adjusted amounts are effective for calendar year 2022. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions – Self-only HDHP 2021 – $3,600 2022 – […]

It Looks Like a Mandatory COVID-19 Standard Will be Coming, and OSHA Clarifies Recording Adverse Vaccine Reactions

Posted on April 27, 2021 by and

There are two new developments on the OSHA COVID-19 front to report.  First, yesterday, OSHA sent a draft of a new, mandatory, temporary emergency standard on COVID-19 to the Office of Management and Budget (OMB) for review.  Up to now, OSHA has not had a mandatory standard in place to deal with the coronavirus, relying […]

Unemployment Insurance Notice No Longer Required Upon Separation

Posted on April 20, 2021 by

Last October, we shared information about the emergency rule that created DWD 120.02 which required Wisconsin employers to notify workers of the availability of unemployment insurance upon separation of employment in a post titled Wisconsin Employers Must Notify Workers of Unemployment Insurance Upon Separation. As of March 31, 2021, the emergency rule requiring unemployment insurance […]

Department of Labor Posts ARPA COBRA Subsidy Notices; Dedicated Web Page

Posted on April 7, 2021 by

Today the Employee Benefits Security Administration (EBSA), the section of the Department of Labor that handles all things employee benefit plans, posted a dedicated webpage with much anticipated (and much needed) employer tools on the “COBRA subsidy” provision of the American Rescue Plan Act of 2021 (“ARPA”), which was enacted on March 11, 2021.  The […]

Updated Vaccine Eligibility Starting April 5, 2021

Posted on April 1, 2021 by

On March 30, 2021, Governor Tony Evers and the Wisconsin Department of Human Services (DHS), announced that everyone age 16 and over will be eligible for the COVID-19 vaccine starting April 5, 2021. Currently the Pfizer vaccine is the only COVID-19 vaccine authorized for individual’s age 16 & 17. Vaccination providers will continue to prioritize […]

Vaccination Clinics Near You!

Posted on March 26, 2021 by and

Marathon County Governor Tony Evers and the Wisconsin Department of Health Services (DHS) announced on March 25, 2021 that a community-based vaccination clinic will open in Marathon County on April 6, 2021. The clinic will be open Tuesday, April 6, through Saturday, April 10, from 11 a.m. – 7p.m., and will be located at the […]

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