About
Practice
Groups
Multiemployer Plans
Compliance Reviews
In the last several years, multiemployer pension and welfare plans have come under intense scrutiny by government regulators. In response, the employee benefits attorneys at Much Shelist have developed comprehensive plan design and operation review services so that multiemployer plans can evaluate their potential exposure to government investigation, litigation and penalties, and take steps to ensure compliance with complex federal and state requirements.
Our attorneys work closely with plan trustees and other fiduciaries to conduct comprehensive audits of multiemployer plans. Key areas of scrutiny include plan administration, documentation, employee communications and governmental filings. We also conduct stringent tests of operational and internal control procedures in order to identify potential failures that, left uncorrected, could trigger Internal Revenue Service or Department of Labor investigations and penalties.
Following a thorough audit, our attorneys prepare and present a full compliance report that identifies current strengths and potential risks. We provide point-by-point fiduciary guidance and specific recommendations for remedial action that help return plans to full compliance and minimize potential exposure to litigation and penalties.
Litigation
In addition to these audit and compliance review services, our attorneys regularly serve as litigation counsel to single and multiemployer plans and their trustees, providing guidance and representation on a broad range of issues, including:
- Compliance
- ERISA fiduciary responsibilities
- HIPAA responsibilities
- Prohibited transactions
- Plan investments
- Negotiations with governmental entities
- Recovery of contributions due
- Breach of fiduciary duty and other litigation
- Withdrawal liability
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