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Employee Benefits

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Successful employers constantly strive to attract, retain and motivate the best employees. While cash compensation is always important, employee benefit plans often allow creative employers to set themselves apart. Recently, a U.S. Chamber of Commerce study confirmed that benefits account for nearly 40 percent of an average employee's total compensation.

Our team of employee benefits lawyers represents thousands of employers, ranging from small family businesses to Fortune 500 companies. We help employers design, implement and maintain cutting edge benefit arrangements. In addition, we assist employers with successfully negotiating effective solutions to benefit plan issues, from contracts with vendors that may have a financial interest in selling one specific type of arrangement or another to IRS negotiation. When disputes arise under employer benefits plans, we aggressively defend our clients.

Design, Implementation and Maintenance

  • Qualified retirement plans (including traditional pension plans, 401(k) plans and employee stock ownership plans) that efficiently achieve the goals of companies and owners
  • Deferred compensation, equity compensation, synthetic equity compensation, bonus and other arrangements that help employers to motivate, reward and retain key producers 
  • Age-weighted retirement plans that help senior employees (typically owners or key producers) to save additional money for retirement
  • Total compensation packages to attract key personnel
  • Cost-saving changes with collectively bargained employees
  • Responses to complex law changes, including cost-effective alternatives and updated plan documents

Compliance Issues and Management of Health and Welfare Plans

  • Design and implementation of COBRA policies and forms
  • Complex COBRA questions and disputes
  • Negotiation of third-party service provider contracts and resolution of disputes with those providers
  • Specific health needs of individual employees (former owners, high claim individuals, key producers and others)

Benefits Issues as Part of a Merger or Acquisitions

  • Assistance with the structuring of practical and profitable corporate transactions based upon surrounding employee benefit costs and opportunities

Employee Benefits Enforcement and Litigation

  • Defending clients against U.S. Department of Labor and Internal Revenue Service audits, investigations and assessments
  • Defending clients against multi-employer plan withdrawal liability claims and audit adjustments

Unique Benefits Rules involving Municipalities and School Districts

  • Early retirement programs, including retiree health benefits
  • Specific benefit packages for key employees
  • Obligations and opportunities under the Wisconsin Retirement System

If you would like more information regarding our Employee Benefits area, please contact Kelly S. Kuglitsch at 414.225.1417 or kkuglitsch@dkattorneys.com.

Attorneys' Notable Representations

  • Kelly S. Kuglitsch

    Requested Internal Revenue Service private letter rulings and determination letters to obtain Service approval of specific plan design features.

  • Kelly S. Kuglitsch

    Assisted clients in implementing HIPAA-compliant wellness programs, including tobacco-related premium surcharge and discount programs to promote employee health and reduce employee-related health care costs.

  • Communicated with the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation to resolve employee plan compliance issues.

  • Counseled clients on all aspects of COBRA, HIPAA and Wisconsin state benefits and insurance law administration and compliance.

  • Bezouska

    Andrew J. Bezouska

    Andrew assisted in the multi-million dollar purchase of a company by a major real estate development company in Wisconsin. He was the principal attorney conducting due diligence review of the target corporation’s benefit plans. In 2008, he helped with the development of an equity compensation plan for a subsidiary of the company.

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